DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Goodman Fielder Consumer Foods
(AG2019/4460)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (PAMPAS) - UNION FAIR WORK ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JANUARY 2020

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) - Union Fair Work Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Consumer Foods Pty Limited (Pampas) - Union Fair Work Enterprise Agreement 2019 - 2022 (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 T/A Goodman Fielder Consumer Foods. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United 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, will operate from 4 February 2020. The nominal expiry date of the Agreement is 15 September 2022.

COMMISSIONER

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 Goodman Fielder Consumer Foods, applied for the approval of the Pampas Union Fair Work Enterprise Agreement 2019-2022. The Pampas Union is the relevant union for the workers in question. The dispute centred on whether the terms of the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was required to decide whether the agreement complied with the relevant provisions of the Fair Work Act, including whether it was made in good faith, whether it contained the prescribed minimum terms, and whether it was certified as a single-interest employer agreement by a certified bargainer. Additionally, the court needed to assess if the agreement contained any terms that were contrary to public policy or that breached any relevant legislation.

The Fair Work Commission found that the agreement complied with the necessary requirements under the Fair Work Act. It was determined that the agreement was made in good faith, contained the prescribed minimum terms, and was certified as a single-interest employer agreement. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that breached any relevant legislation. Therefore, the court approved the agreement, and it became effective from the date of the decision.

Goodman Fielder Consumer Foods Pty Limited T/A Goodman Fielder Consumer Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established