DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2016/1255)

PFD FOOD SERVICES PTY LTD (BRISBANE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Brisbane) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 August 2016 and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Food Services, applied to the Fair Work Commission for approval of the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2016. The application arose from negotiations between the employer and its employees, seeking to formalise terms and conditions of employment under a new enterprise agreement. The Commission was tasked with assessing the agreement to determine whether it complied with relevant statutory provisions and whether it was made in good faith.

The primary legal issues before the Commission were whether the agreement met the formal requirements set out in the Fair Work Act 2009, including being in writing, addressing the terms and conditions of employment, and being made in good faith. Additionally, the Commission had to consider whether the agreement was certified by a relevant independent statutory body, as mandated by the Act. The dispute also involved scrutiny of the agreement's content to ensure it adhered to the Fair Work Act's objectives, including promoting high levels of employment and workplace participation.

The Commission examined the agreement clause by clause, confirming that it was in writing and contained terms and conditions of employment. The employer presented evidence to demonstrate that the agreement was made in good faith, supported by the negotiation process and documentation. The Commission also verified that the agreement was certified by a relevant independent body, satisfying the statutory requirement. Ultimately, the Commission found that the agreement complied with all necessary legislative provisions and was made in good faith. Consequently, the Commission approved the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2016.

The Fair Work Commission approved the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2016, confirming its compliance with the Fair Work Act 2009. This decision formalised the terms and conditions of employment for the employees covered by the agreement, providing legal certainty and a framework for future workplace relations.

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