DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Limited
(AG2018/3437)

ARYZTA (QUEENSLAND) AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JANUARY 2019

Application for approval of the ARYZTA (Queensland) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ARYZTA (Queensland) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARYZTA Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 January 2019 and, in accordance with s.54, will operate from 25 January 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ARYZTA Australia Pty Limited applied for approval of the ARYZTA (Queensland) Agreement 2018. The applicant, a company involved in the manufacturing of bakery products, sought approval of the agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the trade union, the Bakery, Confectionery, Tobacco Workers' and General Food Industries' Union of Australia. The union represents employees of the applicant who are classified as bakery workers and technicians. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act.

The key legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for the proper negotiation process, whether it contained all the prescribed terms and conditions, and whether it met the public interest test. The applicant argued that the agreement was the result of genuine negotiations and contained all necessary terms and conditions. The union, on the other hand, raised concerns about the process and certain terms of the agreement.

The Fair Work Commission found that the agreement was the product of genuine negotiations and contained all prescribed terms and conditions. The Commission emphasised that there was no evidence of coercion or unfair labour practices during the negotiation process. Furthermore, the Commission was satisfied that the agreement met the public interest test, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the ARYZTA (Queensland) Agreement 2018. This decision ensures that the agreement remains in force and binding on the parties involved.

The Commission's final order was the approval of the ARYZTA (Queensland) Agreement 2018, effective from the date of the decision. This outcome provided certainty for both the applicant and the union, allowing the agreement to continue regulating the terms and conditions of employment for the affected employees. The decision also upheld the importance of genuine negotiations and the role of the Commission in ensuring fair and reasonable agreements in the workplace.

ARYZTA Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established