DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd t/a PFD Services
(AG2015/6295)

PFD FOOD SERVICES (WOLLONGONG) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the PFD Food Services (Wollongong) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Wollongong) Enterprise Agreement 2015 (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 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.

[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 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Services, applied to the Fair Work Commission for approval of the PFD Food Services (Wollongong) Enterprise Agreement 2015. The applicant argued that the agreement was a bona fide endeavour to facilitate an agreement, and that it met the statutory criteria set out in the Fair Work Act 2009. The application was contested by a union representative, who submitted that the agreement did not meet the required standards for approval.

The central legal issues for the Commission to determine were whether the agreement was a bona fide endeavour and whether it met the criteria for approval as outlined in the Fair Work Act. The Commission needed to consider the process undertaken to negotiate the agreement and whether it was done in good faith. Additionally, the Commission examined whether the agreement contained the required minimum terms and conditions of employment and whether it was consistent with the overarching framework of the Fair Work Act.

The Fair Work Commission found that the application met the statutory criteria for approval. The Commission considered that the negotiation process was genuine and in good faith, and that the agreement contained the minimum terms and conditions of employment as required by law. The Commission was satisfied that the agreement was consistent with the overall framework of the Fair Work Act. Therefore, the Commission approved the PFD Food Services (Wollongong) Enterprise Agreement 2015.

PFD Food Services Pty Ltd t/a PFD Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established