DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Goodman Fielder Consumer Foods
(AG2020/2020)

GOODMAN FIELDER CONSUMER FOODS PTY LTD (PAMPAS-WAREHOUSE) - FAIR WORK ENTERPRISE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 AUGUST 2020

Application for approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Goodman Fielder Consumer Foods Pty Limited T/A Goodman Fielder Consumer Foods (Employer). 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] The United Workers’ Union 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 25 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Goodman Fielder Consumer Foods Pty Limited, trading as Goodman Fielder Consumer Foods, and its employees. The company sought approval for the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2020 - 2023. The dispute centred on the terms and conditions of employment, including wages, hours, and other workplace rights and obligations.

The central legal issues that the Commission needed to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it complied with the procedural fairness principles. The Commission also needed to consider whether the agreement adequately represented the interests of the employees and if there was sufficient employee support as evidenced by the ballot process.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements for approval. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, and it was evident that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement provided for the fair and reasonable terms and conditions of employment, and it adequately represented the interests of the employees. Additionally, the Commission found that the ballot process was conducted fairly and that there was sufficient employee support for the agreement. Therefore, the Commission approved the proposed agreement, and it will now be legally binding on the parties.

The final orders of the Commission were that the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2020 - 2023 be approved and registered under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

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