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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Balfours Bakery Pty Ltd, which sought approval for an agreement related to the Milperra site. The agreement, known as the Balfours Bakery Milperra Site Agreement 2017, was subject to review and approval under relevant legislation. The court was tasked with determining whether the agreement met the necessary criteria for approval and if it was in the public interest.

The primary legal issue before the court was whether the Balfours Bakery Milperra Site Agreement 2017 complied with the relevant statutory requirements and if it could be considered beneficial to the public. The court had to examine the terms of the agreement to ensure they aligned with the legislative framework and assess whether the agreement would result in a positive outcome for the community and the parties involved.

In its decision, the court meticulously reviewed the terms of the agreement and found that it satisfied the statutory requirements. The court determined that the agreement would provide significant benefits to the local community, including job creation and economic activity, which was in the public interest. Based on this assessment, the court approved the Balfours Bakery Milperra Site Agreement 2017, highlighting the importance of such developments for community welfare and economic growth.

The final order of the court was to approve the Balfours Bakery Milperra Site Agreement 2017, recognising its compliance with statutory obligations and its positive impact on the community. This decision paves the way for the implementation of the agreement, enabling Balfours Bakery to proceed with its operations at the Milperra site.

Balfours Bakery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established