DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Foods Services Pty Ltd t/a PFD Food Services
(AG2016/1134)

PFD FOOD SERVICES PTY LTD (MACKAY) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2016

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

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

[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 is approved and, in accordance with s.54 of the Act, will operate from 24 June 2016. The nominal expiry date of the Agreement is 16 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Foods Services Pty Ltd, trading as PFD Food Services, applied for approval of the Enterprise Agreement 2016. The application was heard in the Fair Work Commission, with the Registrar, Ms. C. E. C. Moore, presiding. The application involved the proposed enterprise agreement between the employer and the employees, aiming to formalise the terms and conditions of employment.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for genuine bargaining and the inclusion of appropriate minimum terms and conditions. The court also needed to assess whether the agreement met the criteria for being a "single interest" agreement and whether it contained provisions that were contrary to public policy or unfair.

The court found that the proposed agreement was the result of genuine bargaining efforts between the parties, and it included the appropriate minimum terms and conditions as required by the Fair Work Act. The agreement was deemed to be a "single interest" agreement, and no provisions were found to be contrary to public policy or unfair. The court concluded that the agreement met all necessary legal requirements and approved it accordingly. The approval was granted, enabling the implementation of the Enterprise Agreement 2016 between PFD Foods Services Pty Ltd and its employees.

PFD Foods 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