DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bakels (Pty) Ltd T/A Bakels
(AG2017/4074)

AUSTRALIAN BAKELS (PTY) LTD AND AWU ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2017 (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 T/A Bakels. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 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 16 November 2017. The nominal expiry date of the Agreement is 7 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the applicant, Australian Bakels (Pty) Ltd, trading as Bakels, seeking approval of the 2017 Enterprise Agreement with the Australian Workers' Union. The respondent, the Australian Workers' Union, supported the application. The application was heard in the Fair Work Commission. The central legal issues before the commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained appropriate provisions for the protection of employees' rights and interests.

The Fair Work Commission considered the agreement's compliance with the relevant legislative provisions, including the requirements for good faith bargaining, the coverage of the agreement, and the protection of employees' rights. The commission examined the negotiation process and the provisions of the agreement itself. It assessed whether the agreement contained appropriate mechanisms for resolving disputes, ensuring fair treatment, and protecting employees from adverse action. The commission also considered the views of the parties and relevant stakeholders.

After thorough examination, the Fair Work Commission found that the agreement met the necessary statutory requirements and contained appropriate provisions for the protection of employees' rights and interests. The commission approved the agreement, recognising the good faith bargaining process and the protections it provided. The decision emphasised the importance of fair and balanced agreements that support both employers and employees.

The final orders of the commission were to approve the 2017 Enterprise Agreement between Australian Bakels (Pty) Ltd and the Australian Workers' Union, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until its expiry or termination in accordance with its terms.

Australian Bakels (Pty) Ltd T/A Bakels

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established