DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Erskine Park - Liquid Grocery
(AG2017/2951)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (LIQUID GROCERY ERSKINE PARK) - THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT, 2016- 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers Union Enterprise Agreement, 2016- 2019.

[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, 2016- 2019 (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 Limited TA Erskine Park – Liquid Grocery. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2017. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Goodman Fielder Consumer Foods Pty Limited, trading as Liquid Grocery Erskine Park, sought approval of an enterprise agreement with the Australian Workers Union. The proposed agreement outlined terms and conditions of employment for the union’s members working at the Erskine Park site. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including provisions related to employee entitlements, working conditions, and dispute resolution mechanisms.

The legal issues central to this case involved whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the registration of enterprise agreements. The primary concerns centred around the procedural fairness of the agreement, ensuring that it was made without any improper conduct, and whether it contained all the mandatory provisions required by the legislation. Additionally, the Commission had to assess if the agreement provided fair and reasonable terms and conditions for the employees.

In rendering its decision, the Commission meticulously reviewed the bargaining process and contents of the agreement. It confirmed that the bargaining process was fair and did not involve any improper conduct. The Commission also found that the agreement met all mandatory requirements and provided fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the agreement, highlighting its compliance with the legislative framework and its equitable nature for the involved parties.

The final orders of the Commission were to approve the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers Union Enterprise Agreement, 2016-2019, subject to the terms and conditions set forth in the agreement. The approval was effective from the date of the decision and binding on all parties involved.

Goodman Fielder Consumer Foods Pty Limited T/A Erskine Park - Liquid Grocery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established