Application by Quality Bakers Australia Pty Limited

[2014] FWCA 8071

[2014] FWCA 8071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Application by Quality Bakers Australia Pty Limited
(AG2014/7916)

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 27 NOVEMBER 2014

Application for variation of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Goodman Fielder Baking (Darwin) Enterprise Agreement 2013-2016 (the “Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (the “Act”). It has been made by Quality Bakers Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement is as follows:

(1) Clause 4.1.3: Original clause 4.1.3 (‘Payment for period of annual leave’) is removed, and replaced with new clause 4.1.3 (‘Rate of Payment’). New clause 4.1.3 provides for the payment of the greater of two weekly rates of payment of annual leave - being either the average weekly earnings for the previous 12 months, or the ordinary weekly rate plus 17.5%.

(2) Clause 4.1.11: Original clause 4.1.11 (‘Proportionate leave on termination’) is amended to include provision for an employee to be paid the full amount that would have been payable under new clause 4.1.3 on termination of employment.

[3] Pursuant to s.212 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss.213 and 215 of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 27 November 2014. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

ANNEXURE A

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