Goodman Fielder Consumer Foods Pty Limited

[2013] FWCA 557

FAIR WORK COMMISSION

DECISION

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

Goodman Fielder Consumer Foods Pty Limited
(AG2013/49)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (LIQUID GROCERY ERSKINE PARK) - THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2011 - 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER STANTON	NEWCASTLE, 21 JANUARY 2013

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers Union Enterprise Agreement 2011 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers Union Enterprise Agreement 2011 - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodman Fielder Consumer Foods 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.

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54, shall operate on and from 28 January 2013. The nominal expiry date of the Agreement is 1 October 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers Union Enterprise Agreement 2011 - 2013 was the subject of an application for approval by Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park). The Fair Work Commission was the court responsible for making the decision. The crux of the matter was whether the proposed agreement satisfied the legal criteria for approval, particularly focusing on whether it met the "better off overall test" and did not contravene any statutory requirements.

The commission examined the terms of the agreement to determine if the employees were better off overall, considering all factors, including wages, conditions, and other benefits. It also assessed whether the agreement contained any provisions that would otherwise render it invalid. The primary concern was whether the agreement provided for appropriate remuneration and conditions that were fair and reasonable for the employees, while also ensuring that the employer's business operations were not unduly constrained.

Upon review, the commission found that the agreement met the necessary criteria for approval. The terms provided for a fair and reasonable balance of benefits for the employees, without imposing unreasonable restrictions on the employer. The commission concluded that the agreement satisfied the better off overall test and did not contain any invalid provisions. Consequently, the application for approval was successful.

The Fair Work Commission approved the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers Union Enterprise Agreement 2011 - 2013. This decision marked the agreement as legally binding, effective from the date of the commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established