DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Fresh To Go (a division of PFD Food Services Pty Ltd)
(AG2016/4026)

PFD FRESH TO GO (VICTORIAN PRODUCTION/WAREHOUSE) - ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PFD Fresh To Go (Victorian Production/Warehouse) - 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 Fresh To Go (a division of PFD Food Services Pty Ltd). The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of PFD Food Services Pty Ltd T/A PFD Fresh To Go, the Fair Work Commission was asked to approve the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2016. The applicant, PFD Food Services Pty Ltd, sought the approval of this enterprise agreement as it related to the employment conditions of its workers in the Victorian production and warehouse operations. The application arose under the Fair Work Act 2009, specifically seeking the Commission's endorsement of the agreement as a modern award.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act for it to be considered a "better-off overall and in the round" agreement. This involved assessing if the proposed terms and conditions of employment were more advantageous to the employees than the applicable minimum standards provided by a relevant modern award. The Commission also had to ensure that the agreement did not adversely affect employees' rights and did not contain any terms that were contrary to public policy.

After examining the submissions and evidence presented by both parties, the Commission concluded that the proposed agreement was fair and balanced. The terms provided by the enterprise agreement were found to be more advantageous to the employees than the minimum standards set by the relevant modern award. The agreement was deemed to meet the statutory criteria for approval, as it offered better overall conditions of employment without compromising the employees' rights or containing any terms that were contrary to public policy. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the decision, the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2016 was approved and registered as a certified agreement under the Fair Work Act 2009. This means that the terms and conditions set out in the agreement will govern the employment relationship between PFD Food Services Pty Ltd and its employees in the Victorian production and warehouse operations.

PFD Food Services Pty Ltd T/A PFD Fresh To Go (a division of PFD Food Services Pty Ltd)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established