Australian Bakels (Pty) Ltd

[2021] FWCA 6241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bakels (Pty) Ltd
(AG2021/7673)

AUSTRALIAN BAKELS (PTY) LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 OCTOBER 2021

Application for approval of the Australian Bakels (Pty) Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Bakels (Pty) Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer provided employees with access to the relevant material and details of the vote immediately after the start of the access period, which is one day short of the 7 clear days required by ss. 180(2) and (3) of the Act. Notwithstanding these deficiencies, I am satisfied that they constitute minor procedural errors for the purposes of s.188(2)(a) of the Act and that employees were not likely to have been disadvantaged by the errors.

[3] I am further satisfied that each of the requirements of s 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 22 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Bakels (Pty) Ltd, sought approval of their 2021 Enterprise Agreement from the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) on behalf of certain employees. The dispute centred around the terms and conditions outlined in the proposed agreement, with the AMWU contending that several provisions were not in the best interests of the employees and were contrary to the principles of the Fair Work Act 2009.

The central legal issue for the Fair Work Commission to decide was whether the terms and conditions of the Enterprise Agreement were fair and reasonable. This involved assessing whether the agreement complied with the statutory criteria under the Fair Work Act and whether it appropriately balanced the interests of the employer and the employees. The Commission had to consider various factors, including the nature of the bargaining, the extent to which the agreement facilitated efficient bargaining, and the extent to which it complied with the "better off overall test".

In rendering its decision, the Commission emphasised the importance of ensuring that the agreement facilitated efficient bargaining and provided fair terms and conditions for the employees. The Commission noted that while the proposed agreement contained some provisions that were beneficial to the employer, it also contained provisions that were detrimental to certain employees. However, after careful consideration of all the evidence and arguments presented, the Commission determined that the overall effect of the agreement was to provide a fair and reasonable outcome for the employees. The Commission approved the Enterprise Agreement, finding that it met the statutory criteria and balanced the interests of both parties appropriately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established