Brendlee Enterprise Pty Ltd T/A Palmerston Bakery Summary

[2014] FWCA 4622

The attached document replaces the document previously issued with the above code on 11 July 2014.

This is a correction to the paragraph numbers only. Renumbering second, third and fourth paragraphs as [2], [3] and [4] due to error in paragraph numbering.

Helen Coulson

Relief associate to COMMISSIONER WILSON

Dated 16 July 2014

[2014] FWCA 4622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brendlee Enterprise Pty Ltd T/A Palmerston Bakery
(AG2014/1492)

PALMERSTON BAKERY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 11 JULY 2014

Application for approval of the Palmerston Bakery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Palmerston Bakery Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brendlee Enterprise Pty Ltd T/A Palmerston Bakery. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187. 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 17 July 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brendlee Enterprise Pty Ltd, trading as Palmerston Bakery, applied to the Fair Work Commission for approval of the Palmerston Bakery Enterprise Agreement 2014. The application involved various employees of the bakery who were covered by the agreement. The dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and if it was fair and reasonable in all its terms.

The legal issues before the Commission included whether the agreement provided for appropriate minimum terms and conditions, whether it included terms that were necessary to prevent unfair treatment of employees, and whether the agreement was consistent with the provisions of the Fair Work Act. Furthermore, the Commission had to consider if the agreement had been made in accordance with the proper procedures and if it provided for the fair resolution of disputes. The Commission also needed to assess if the agreement contained provisions that were necessary to ensure that the employees would not be subjected to unreasonable treatment or discrimination.

In its decision, the Commission found that the Palmerston Bakery Enterprise Agreement 2014 was generally fair and reasonable, providing for appropriate minimum terms and conditions. The agreement was deemed to be consistent with the Fair Work Act and had been made in accordance with proper procedures. The Commission noted that the agreement contained necessary terms to prevent unfair treatment of employees and provided for the fair resolution of disputes. While there were minor issues with some provisions, these did not detract from the overall fairness of the agreement. Consequently, the Commission approved the agreement, finding it to be compliant with all legal requirements and fair for the employees involved.

The Fair Work Commission ordered the approval of the Palmerston Bakery Enterprise Agreement 2014, subject to the minor amendments necessary to address the identified issues. The Commission's decision was based on the comprehensive evaluation of the agreement's terms, its compliance with the Fair Work Act, and the fairness of the provisions for the employees. The approval was granted with the understanding that the agreement would be implemented in accordance with the Commission's decision and any required modifications.

Brendlee Enterprise Pty Ltd T/A Palmerston Bakery

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established