Goodman Fielder Consumer Foods Pty Limited

[2013] FWCA 4488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goodman Fielder Consumer Foods Pty Limited
(AG2013/1277)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (CAROLE PARK) - UNION FAIR WORK ENTERPRISE AGREEMENT 2012-2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Carole Park) - Union Fair Work Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Goodman Fielder Consumer Foods Pty Limited (Carole Park) - Union Fair Work Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Goodman Fielder Consumer Foods Pty Limited.

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

[3] On 2 July 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Goodman Fielder Consumer Foods Pty Limited, applied for the approval of a proposed enterprise agreement, the Goodman Fielder Consumer Foods Pty Limited (Carole Park) - Union Fair Work Enterprise Agreement 2012-2015. The dispute was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009. The applicant sought the Commission's approval of the agreement, which was intended to govern the employment conditions of certain employees at the Carole Park site. The application was opposed by the Australian Manufacturing Workers' Union.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations, particularly in terms of the process by which it was negotiated and the manner in which employee views were expressed. The applicant argued that the agreement was fairly and properly negotiated and that the views of employees had been adequately considered. The respondent contended that the negotiation process did not comply with the statutory requirements, and that the views of employees had not been sufficiently represented.

The Commission considered the evidence presented regarding the negotiation process and the expression of employee views. It determined that the applicant had demonstrated that the agreement was negotiated in good faith and that the process for considering employee views was appropriate. The Commission was satisfied that the views of employees had been adequately expressed and considered, and that the agreement met the statutory requirements for approval. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Goodman Fielder Consumer Foods Pty Limited (Carole Park) - Union Fair Work Enterprise Agreement 2012-2015, determining that it had been negotiated in good faith and that the views of employees had been adequately considered. The Commission's decision was based on the evidence presented and its assessment of the negotiation process and the expression of employee views.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established