DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Pampas
(AG2017/1164)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (PAMPAS) - UNION FAIR WORK ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 MAY 2017

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) - Union Fair Work 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 (Pampas) – Union Fair Work 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 Ltd T/A Pampas. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 May 2017 and, in accordance with s.54, will operate from 17 May 2017. The nominal expiry date of the Agreement is 15 September 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 Pampas, sought approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) - Union Fair Work Enterprise Agreement 2016 - 2019. The Union, which represents the employees, opposed the application, raising concerns about various aspects of the proposed agreement, including provisions relating to penalty rates, leave entitlements, and shift patterns.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Union argued that certain provisions did not meet these criteria and that the application should be dismissed.

In its decision, the Commission found that the agreement did indeed provide for fair and reasonable terms and conditions, and that it was made in good faith. The Commission held that the proposed provisions relating to penalty rates, leave entitlements, and shift patterns were fair and reasonable, and that the overall agreement did not disadvantage the employees. The Commission noted that the Union had not provided sufficient evidence to support its claims of unfairness and concluded that the application should be approved. The Commission made orders approving the agreement, which will now apply to the employees represented by the Union for the period 2016 to 2019.

Goodman Fielder Consumer Foods Pty Limited T/A Pampas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established