DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bakels (Pty) Ltd T/A Australian Bakels
(AG2019/3338)

AUSTRALIAN BAKELS (PTY) LTD AND AWU ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 SEPTEMBER 2019

Application for approval of the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 October 2019. The nominal expiry date of the Agreement is 14 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Bakels (Pty) Ltd T/A Australian Bakels, the Fair Work Commission was asked to determine whether the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2019 should be approved. The application for approval was made by the Australian Workers' Union (AWU). The company, Australian Bakels, and the AWU had entered into an enterprise agreement, and the AWU sought the Commission's approval of this agreement. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The primary legal issue the Commission had to address was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it provided for a fair and efficient workplace. Additionally, the Commission had to consider whether the agreement provided for proper minimum terms and conditions, and if it was free from prohibited content. The Commission also needed to ensure that the agreement was not likely to have a detrimental effect on the operation of the business.

The Commission carefully examined the provisions of the agreement and the submissions made by both parties. The Commission found that the agreement was in the public interest and provided for a fair and efficient workplace. The agreement was considered to provide for proper minimum terms and conditions, and it was free from prohibited content. The Commission also concluded that the agreement would not have a detrimental effect on the operation of the business. Based on these findings, the Commission approved the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2019, determining that it met the legal requirements for approval under the Fair Work Act 2009.

The Commission's final orders were that the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2019 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This approval means that the terms and conditions set out in the agreement will apply to the employees of Australian Bakels (Pty) Ltd, and the agreement will remain in effect until it is terminated or replaced by a new agreement.

Australian Bakels (Pty) Ltd T/A Australian Bakels

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established