DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2016/1553)

PFD FOOD SERVICES PTY LTD (CAIRNS) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Cairns) 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 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 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

PFD Food Services Pty Ltd T/A PFD Food Services brought an application for approval of the PFD Food Services Pty Ltd (Cairns) Enterprise Agreement 2016. The respondents to the application were the Assistant Industrial Registrar, the Fair Work Commission, and the Queensland Teachers' Union. The dispute centred on the validity and approval of the enterprise agreement, which outlined the terms and conditions of employment for PFD Food Services' employees in Cairns.

The primary legal issues before the court were whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009, including the process by which it was negotiated and the manner in which employee representatives were involved. The court also needed to determine whether the agreement was procedurally sound and whether it fairly represented the interests of the employees. Furthermore, the court had to examine whether there were any procedural errors or unfairness in the process that led to the agreement.

The court examined the negotiation process and the involvement of the employee representatives, finding that the agreement was negotiated in good faith and that the representatives had adequately represented the employees' interests. The court determined that the agreement was procedurally sound and that it did not contain any unfair provisions. The court concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the PFD Food Services Pty Ltd (Cairns) Enterprise Agreement 2016. The court also noted that there were no procedural errors or unfairness in the process that led to the agreement. The final orders of the court were that the enterprise agreement be approved and registered under the Fair Work Act 2009.

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