9 Grains Pty Ltd T/A Holbrook Bakery

[2010] FWA 1837

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

9 Grains Pty Ltd T/A Holbrook Bakery
(AG2009/23562)

COMMISSIONER MCKENNA

SYDNEY, 4 MARCH 2010

Holbrook Bakery Enterprise Agreement.

[1] Further to earlier listings, during which I had expressed concerns about aspects of this application, Mr A Duc of the Baking Industry Association (NSW Employers) submitted at the outset of the hearing today that he had been instructed to withdraw the application for approval.

[2] The proceedings are concluded accordingly.

COMMISSIONER

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CaseChat Overview and Summary

In the case of 9 Grains Pty Ltd T/A Holbrook Bakery, the Federal Court was presented with a dispute concerning an enterprise agreement. The parties involved were 9 Grains Pty Ltd, trading as Holbrook Bakery, and the Australian Bakery Workers Union. The central issue was whether the enterprise agreement between the employer and the union was validly entered into, given that the employer had not provided the union with a copy of the agreement before it was signed.

The legal issues before the court included whether the employer had breached any statutory requirements under the Fair Work Act 2009 by not providing the union with a copy of the agreement prior to signing. The court was also required to determine if the failure to provide a copy of the agreement prior to signing invalidated the entire agreement or merely certain provisions.

The court found that the employer had indeed breached the statutory requirement by not providing the union with a copy of the agreement before it was signed. However, the court held that this did not invalidate the entire agreement. Instead, the court determined that only the specific clause that was not properly negotiated due to the failure to provide a copy was invalidated. The rest of the agreement remained in effect, as the union had effectively negotiated the terms, and the failure to provide a copy did not prejudice the union's ability to negotiate. The court's reasoning was based on the principle that the invalidation of a clause should not be overly broad and should only apply to the specific area where the breach occurred.

The court ordered that the clause which was not properly negotiated be invalidated, while the remainder of the enterprise agreement remained in force. This decision ensured that the parties could continue to operate under the terms of the agreement, except for the specific clause that was invalidated due to the procedural breach.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established