DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Pampas
(AG2015/195)

GOODMAN FIELDER CONSUMER FOODS PTY LTD (PAMPAS-WAREHOUSE) - FAIR WORK AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 MARCH 2015

Application for approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Agreement 2014 - 2017 (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 Pampas. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Goodman Fielder Consumer Foods Pty Limited T/A Pampas. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goodman Fielder Consumer Foods Pty Limited, trading as Pampas, applied to the Fair Work Commission for approval of a workplace agreement. The application concerned a Fair Work Agreement for the period of 2014 to 2017. The dispute arose from the proposed terms and conditions outlined in the agreement and whether they complied with the Fair Work Act 2009. The matter was heard by the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment matters.

The central legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, including ensuring it provided for the minimum entitlements and provided for the proper operation of the agreement. The Commission needed to assess if the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it was made in accordance with the principles of enterprise bargaining. Additionally, the Commission examined if the agreement sufficiently addressed issues such as minimum wage rates, penalties for breaches, and provisions for dispute resolution.

In its reasoning, the Commission reviewed the provisions of the proposed agreement against the statutory criteria. It found that the agreement contained terms that were fair and reasonable, providing for minimum entitlements, and ensuring the proper operation of the agreement. The Commission noted that the agreement included provisions for wage increases and other benefits, which were considered fair given the economic context and industry standards. The Commission also noted the parties' efforts to negotiate in good faith. Consequently, the Commission approved the agreement, finding it met all the necessary requirements under the Fair Work Act.

The Fair Work Commission approved the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) Fair Work Agreement 2014 - 2017. The Commission determined that the agreement complied with the statutory criteria and provided for fair and reasonable terms and conditions. The approval was effective from the date of the decision, allowing the agreement to be implemented as intended.

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