Balfours Bakery Pty Ltd

[2016] FWCA 235

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Balfours Bakery Pty Ltd
(AG2015/7049)
BALFOURS BAKERY PTY LTD AGREEMENT 2015
Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2016

Application for approval of the Balfours Bakery Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Balfours Bakery Pty Ltd Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Voice 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.
[2016] FWCA 235

[5] The Agreement was approved on 13 January 2016 and, in accordance with s.54, will

operate from 20 January 2016. The nominal expiry date of the Agreement is 1 December

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Balfours Bakery Pty Ltd, sought approval of the Balfours Bakery Pty Ltd Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement which was not inclusive of all employees of the applicant. The United Voice, as a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it.

The court had to determine if the requirements of sections 186, 187 and 188 of the Act had been met for this application for approval. The court had to decide if the group of employees was fairly chosen, given that the Agreement did not cover all employees of the applicant. The court also had to consider if the model consultation term prescribed by the Fair Work Regulations 2009 was to be taken as a term of the Agreement, as per section 205(2) of the Act.

The court found that each of the relevant requirements had been met and that the group of employees was fairly chosen. The court noted that the Agreement covered the United Voice, as per section 201(2) of the Act. The court approved the Agreement on 13 January 2016, and it will operate from 20 January 2016, with a nominal expiry date of 1 December 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established