DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Limited
(AG2015/4223)

ARYZTA (QUEENSLAND) AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 AUGUST 2015

Application for approval of the ARYZTA (Queensland) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARYZTA (Queensland) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ARYZTA Australia Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date is 17 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ARYZTA Australia Pty Limited, sought approval of the ARYZTA (Queensland) Agreement 2015. This agreement was entered into between the applicant and a number of employees represented by the Bakers, Food and Allied Workers Union of Australia (the Union). The dispute arose from the applicant's request to have the agreement certified as a single-enterprise agreement, applicable to all employees in Queensland. The Union contested the application on the grounds that the agreement was not genuinely negotiated or reached.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it had been reached in good faith. The Union argued that the applicant had failed to provide evidence of genuine negotiation and good faith in reaching the agreement. The Commission examined the process by which the agreement was negotiated and the conduct of the parties during the negotiations. It also considered the fairness of the terms of the agreement and whether they were reasonable in the circumstances.

The Commission found that the applicant had provided sufficient evidence to demonstrate that the agreement had been genuinely negotiated and reached in good faith. The evidence included witness statements, email correspondence, and a timeline of the negotiation process. The Commission also considered the fairness of the agreement's terms and concluded that they were reasonable. As a result, the Commission approved the ARYZTA (Queensland) Agreement 2015 as a single-enterprise agreement.

The Commission's approval of the agreement means that it is now legally binding on all employees covered by it. The applicant may now implement the terms of the agreement, and the Union may take any necessary steps to ensure compliance by its members. The Union's application to set aside the approval was dismissed.

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