PFD Food Services Pty Ltd Summary

[2025] FWCA 2525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd

(AG2025/2255)

PFD FOOD SERVICES (VICTORIAN OPERATIONS) & UWU ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER CONNOLLY	MELBOURNE, 30 JULY 2025

Application for approval of the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 July 2025.

On 28 July 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

There is one National Employment Standards (NES) issue that requires comment:

· Compassionate leave: Clause 6.3 provides for compassionate leave, however, it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

Clause 1.8(c) of the Agreement acts as an effective NES precedence clause, in that it states that “This Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall take precedence”. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 at Clause 29A is taken to be a term of the Agreement.

The “United Workers’ Union”, 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.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2028.

COMMISSIONER

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PFD Food Services Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant, a food service provider, sought the agreement's approval for its Victorian operations. The dispute arose from the negotiation and proposed terms of the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2025. The legal issues before the court included whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning procedural fairness, good faith bargaining, and the provisions' compliance with the national employment standards. The court had to assess whether the negotiation process adhered to the statutory obligations and if the terms of the agreement were fair and reasonable. The applicant argued that the agreement was the result of genuine negotiations and contained fair terms. The court examined the evidence of the negotiation process, the fairness of the terms, and the compliance with the legislative framework. The Commission found that the agreement was made in good faith and met the procedural requirements under the Act. The terms were deemed fair and reasonable, considering the economic and operational context of the parties. Consequently, the court approved the enterprise agreement. The final orders included the approval of the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2025, effective from the date of the decision.

PFD Food Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established