DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2016/5165)

PFD FOOD SERVICES PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PFD Food Services Pty Ltd T/A PFD Food Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the case of PFD Food Services Pty Ltd T/A PFD Food Services, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The agreement, titled the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2016, aimed to govern the terms and conditions of employment for workers within the Rockhampton area. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it was fair and reasonable for the employees covered by it.

The primary legal issues that the Commission had to address were whether the agreement met the statutory criteria for approval under the Fair Work Act, including whether it provided for the safety of employees, contained appropriate dispute resolution processes, and adhered to minimum wage and penalty rate standards. Additionally, the Commission needed to assess if the agreement was free from any discriminatory provisions and if it fairly reflected the balance of workplace rights and obligations.

In delivering its decision, the Commission thoroughly examined the contents of the enterprise agreement against the legislative benchmarks set by the Fair Work Act. The Commission found that the agreement adequately addressed the safety of employees, included effective dispute resolution mechanisms, and complied with minimum wage and penalty rate requirements. Furthermore, the agreement was free from discriminatory clauses and balanced the rights and obligations of both parties. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable basis for regulating the employment relationship between PFD Food Services and its employees in Rockhampton.

The final orders of the Commission included the approval of the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2016, effective from the date of the decision. This approval means that the agreement will now form the basis of employment conditions for the workers covered by it, and it will be subject to the enforcement and compliance mechanisms provided by the Fair Work Act.

PFD Food Services Pty Ltd T/A PFD Food Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established