DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd T/A PFD Fresh To Go
(AG2015/742)

PFD FOOD SERVICES (GRIFFITH & WAGGA) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 23 APRIL 2015

Application for approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2014 (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 Fresh To Go (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 8 April 2015. On 16 April 2015 I received a signed undertaking in response to the queries from Michael Asmar, National Employee Relations Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves PFD Food Services Pty Ltd trading as PFD Fresh To Go, who applied for the approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2014. The application was before the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements. The dispute centred on whether the enterprise agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was appropriately made, as it was alleged that it did not include certain minimum entitlements for employees. The issues included whether the agreement correctly addressed the required provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. Furthermore, the court examined whether the agreement had been made in accordance with the process mandated by the Fair Work Act, including whether the requisite majority of employees had been consulted and whether the agreement had been properly registered.

In rendering its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission found that while the agreement contained most of the required provisions, it did not fully comply with the legal standards regarding minimum entitlements. Consequently, the application for approval was not successful. The Commission concluded that the agreement did not meet the statutory criteria and thus could not be approved in its current form.

The Fair Work Commission ordered that the application be dismissed and returned for amendment. The enterprise agreement was required to be revised to incorporate the necessary minimum entitlements and comply with the legal requirements set out in the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements adhere to statutory standards to protect employee rights.

PFD Food Services Pty Ltd T/A PFD Fresh To Go

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established