Balfours Bakery Pty Ltd

[2018] FWCA 5568

[2018] FWCA 5568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balfours Bakery Pty Ltd
(AG2018/2151)

BALFOURS BAKERY PTY LTD MILPERRA SITE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 4 SEPTEMBER 2018

Application for approval of the Balfours Bakery Milperra Site Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Balfours Bakery Pty Ltd Milperra Site 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 Balfours Bakery Pty Ltd. The agreement is a single enterprise agreement.

[2] On 22 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided an undertaking in the following terms:

•  In clause 4 of the Agreement the employer would apply the following definition of shift worker: “for the purpose of the additional week of annual leave provided for in Section 87(1)(b) of the Act, a “shift worker” is a seven day shift worker who is regularly rostered to work on Sundays and public holidays.”

•  In clause 3(b) of the Agreement the employer would pay adult apprentices at a rate equivalent to the applicable award for the life of the Agreement and that the employer would ensure the employees were better off overall as to reflect award increases. The employer also provided a minimum rate of pay classification table and confirmed that it would be amended.

[4] No bargaining representatives were appointed. I have accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date of the Agreement is 10 September 2021.

COMMISSIONER

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