DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Goodman Fielder Consumer Foods
(AG2019/4627)

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

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 DECEMBER 2019

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) - The Australian Workers’ Union Enterprise Agreement 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 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involves Goodman Fielder Consumer Foods Pty Limited, trading as Goodman Fielder Consumer Foods, and an application for the approval of the Australian Workers’ Union Enterprise Agreement 2019. This agreement pertains to the employees at the Liquid Grocery Erskine Park site. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the enterprise agreement. The legal issues that the court had to address were whether the agreement complied with the procedural requirements set out in the Fair Work Act, and if it met the substantive criteria for being considered a lawful and fair agreement.

The court carefully examined the procedural fairness of the agreement's negotiation process, considering whether the union had properly represented the employees and if there had been sufficient consultation between the parties. Additionally, the court scrutinised the agreement's content to ensure that it did not contain any terms that were contrary to public policy or unfair to any party. The court noted that the agreement was comprehensive, covering various aspects such as wages, conditions of employment, and dispute resolution mechanisms. It was satisfied that the agreement had been negotiated in good faith and that all procedural steps had been followed correctly.

After thorough consideration, the court concluded that the Australian Workers’ Union Enterprise Agreement 2019 was procedurally sound and substantively fair. The court found that the agreement was not only compliant with the statutory requirements but also provided a balanced and equitable arrangement for both the employer and the employees. Consequently, the court approved the enterprise agreement, ensuring that it would now govern the terms and conditions of employment at the Liquid Grocery Erskine Park site. This decision provides clarity and legal certainty for the parties involved, allowing the agreement to take effect as intended.

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