Fair Work Act 2009

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

PFD FOOD SERVICES (NORTHERN NSW) ENTERPRISE AGREEMENT 2025

Application for approval of the PFD Food Services (Northern NSW) Enterprise Agreement 2025

[1] On 1 March 2026, PFD Food Services Pty Ltd (Employer) made an application for approval of an enterprise agreement known as the PFD Food Services (Northern NSW) Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] Section 185(3) of the FW Act states that an application for approval of an enterprise agreement must be made 'within 14 days after the agreement is made', or if in all the circumstances the Commission considers it fair to extend that period - within such further period as the Commission allows.

[3] The Form F17 Declaration accompanying the application stated that the Agreement was made on 13 February 2026. The application was therefore lodged 2 days outside of the 14-day period. The Employer submitted the delay arose in relation to the signing of the Agreement.

[4] Having regard to all of the circumstances, I consider it fair to exercise my discretion under s.185(3)(b) of the FW Act to extend the time for the application to be made until 1 March 2026. An order to that effect will be issued with this decision.

[5] The Employer 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. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[7] I observe that clauses 3.6(b) and 6.3 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.8(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] Clause 2.4 of the Agreement provides for a delegates' rights term that is less favourable than the workplace delegates' rights term in the Clerks - Private Sector Award 2020, the Road Transport and Distribution Award 2020, and the Storage Services and Wholesale Award 2020.

[9] Pursuant to s.205A(2) of the FW Act, clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

[10] The Australasian Meat Industry Employees Union (AMIEU) and the Transport Workers' Union of Australia (TWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

[11] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMIEU and the TWU.

[12] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 March 2026. The nominal expiry date of the Agreement is 31 August 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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