DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Fresh To Go
(AG2015/840)

PFD FRESH TO GO (VICTORIAN PRODUCTION/WAREHOUSE) - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 26 MAY 2015

Application for approval of the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by PFD Food Services Pty Ltd T/A PFD Fresh To Go. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from PFD Food Services Pty Ltd T/A PFD Fresh To Go. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2015. The nominal expiry date of the Agreement is 30 June 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved PFD Food Services Pty Ltd, trading as PFD Fresh To Go, and its employees. The dispute centred on the application for approval of the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace agreements and employment conditions in Australia. The Fair Work Commission's role was to assess whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in good faith and if proper consultation processes were followed. Substantively, the agreement had to provide for minimum entitlements, workplace rights and obligations, and other terms and conditions of employment that were not less favourable than the relevant awards or registered agreements. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and whether it met the good faith bargaining test.

The Fair Work Commission found that the enterprise agreement was procedurally valid, having been made in good faith and with adequate consultation. In terms of substantive validity, the Commission determined that the agreement met the requirements of the Fair Work Act. It provided for terms and conditions of employment that were not less favourable than the relevant awards or registered agreements and included provisions for minimum entitlements, workplace rights and obligations. The Commission concluded that the agreement was in the best interests of the employees and met the good faith bargaining test.

Consequently, the Fair Work Commission approved the PFD Fresh To Go (Victorian Production/Warehouse) - Enterprise Agreement 2014. The approval ensures that the terms and conditions set out in the agreement will apply to the employees of PFD Food Services Pty Ltd in Victoria, providing them with a legally binding framework for their employment relationship.

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

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established