DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bakels (Pty) Ltd T/A Australian Bakels
(AG2020/3572)

AUSTRALIAN BAKELS (PTY) LTD AND AWU ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 DECEMBER 2020

Application for approval of the Bakels (PTY) LTD and AWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Bakels (PTY) LTD and AWU Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Bakels (Pty) Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 14 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 22 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Bakels (PTY) LTD, trading as Australian Bakels, applied to the Fair Work Commission for approval of their Enterprise Agreement 2020. The Australian Workers’ Union was the party representing the employees. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement and whether they complied with relevant industrial laws and standards. The Fair Work Commission, Australia's workplace relations tribunal, was the body tasked with reviewing and approving the agreement.

The legal issues before the Commission involved verifying that the Enterprise Agreement did not adversely affect employees' conditions below the minimum standards set by the Fair Work Act 2009 and associated awards. Additionally, the Commission had to ensure the agreement was fairly negotiated and contained appropriate mechanisms for resolving workplace disputes. The Court also examined if the agreement was appropriately presented and included necessary details such as the identification of the parties and the duration of the agreement.

In delivering its decision, the Commission confirmed that the Enterprise Agreement met the necessary legal standards. The terms and conditions were found to be fair and balanced, offering appropriate protections and benefits to employees. The Commission also determined that the agreement was properly negotiated and included adequate dispute resolution processes. Consequently, the Fair Work Commission approved the Bakels (PTY) LTD and AWU Enterprise Agreement 2020. The approval was based on the comprehensive evidence provided and the compliance of the agreement with all relevant legislative requirements.

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