Application for approval of the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2025

[1] PFD Food Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers' Union of Australia (TWU), the United Workers' Union (UWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] Upon receipt of the Employer's undertakings, the TWU advised that while it did not object to the undertakings, it had a number of other concerns in relation to the higher duties allowance, payment of superannuation during periods of workers' compensation, payment of time off in lieu on termination and annual leave loading. The TWU submitted that, taking into account the less beneficial monetary terms of the Agreement including the absence of Sunday penalty rates, the expanded span of hours and the 15% afternoon shift loading, undertakings were required to address its concerns. The UWU advised that it supported the Employer's undertakings but shared the concerns expressed by the TWU.

[4] I advised the parties that my preliminary view that the Agreement satisfies the better off overall test on account of the significant over-award payments provided by the Agreement. The Agreement rates of pay are 5.9% - 35.18% above the relevant award rates. With respect to employees who would otherwise be covered by the Road Transport and Distribution Award 2020, the Agreement rates are 18.13% - 35.18% greater than the award rates. I am therefore satisfied that these over-award payments are sufficient to offset the loss of terms and conditions raised by the TWU and the Agreement satisfies the better off overall test.

[5] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[6] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] The TWU and the UWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU and the UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

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