Balfours Bakery Pty Ltd

[2020] FWCA 2141

[2020] FWCA 2141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balfours Bakery Pty Ltd
(AG2020/809)

BALFOURS BAKERY PTY LTD AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 24 APRIL 2020

Application for approval of the Balfours Bakery Pty Ltd Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Balfours Bakery Pty Ltd Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Balfours Bakery Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 April 2020.

[3] On 8 April 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] On 23 April 2020, I held a Hearing in relation to an outstanding issue with a Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery (Beechworth) undertaking. 1

[5] The Applicant subsequently submitted an undertaking in the required form dated 23 April 2020. The undertaking deals with the following topics:

•  A shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

•  The nominal expiry date is 1 March 2024.

•  In relation to clause 8.5.2, if a full-time employee does not receive a 10 hour break, double time will be paid until a 10 hour rest break is achieved. The 10 hour break may be reduced to no less than 8 hours by mutual consent.

•  Under clause 9.8, drivers will be paid the afternoon shift allowance of 15% for the whole relevant shift.

•  The shift allowance in clause 19.9.1 is increased to 12.5%.

•  In relation to clause 19 (Carer’s Leave), an employee who is required to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care because of a personal illness or personal injury or unexpected emergency, will be entitled to carer’s leave. The employee will provide evidence that would satisfy a reasonable person of the reason for the leave.

•  In relation to clause 27.5, if an employee who is at least 18 years old does not give the period of notice required, the Applicant may deduct from wages an amount no more than one week’s wages for the employee.

•  In relation to Schedule 1 and 2 (Level 1 Inductee), an employee engaged as a Level 1 will progress to Level 2 after no later than 3 months.

•  In relation to Schedule 2 (Junior Employees), under 16 years of age will be paid 60% of Level 2, at 16 years of age 70%, at 17 years of age 80% and at 18 years of age 90%.

•  An employee engaged to carry out duties on a higher minimum wage than their ordinary classification will be paid the higher minimum wage for such day or shift.

•  In respect of better off overall issues relating to Grade 1A or Grade 1B classifications, all juniors, trainees, apprentices or persons who have worked overtime or a shift which under the Food, Beverage and Tobacco Manufacturing Award 2010 would have been paid an entitlement under clause 33.1 or persons absent from work due to a work related injury or illness, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 2

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[9] The United 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) of the Act I note that the Agreement covers this organisation.

[10] 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 March 2024.

COMMISSIONER

 1   [2017] FWCFB 1664

 2   Ibid

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