Goodman Fielder Consumer Foods Pty Limited T/A Pampas Summary

[2014] FWCA 4744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Limited T/A Pampas
(AG2014/1481)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (PAMPAS) - UNION FAIR WORK ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 JULY 2014

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) - Union Fair Work Enterprise Agreement 2013-2016.

[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 2013-2016 (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 Ltd T/A Pampas (Goodman Fielder). 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. 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] 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) 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 23 July 2014. The nominal expiry date of the Agreement is 15 September 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pampas, a subsidiary of Goodman Fielder Consumer Foods Pty Limited, sought approval of its enterprise agreement from the Fair Work Commission. The union, representing the workers, filed an application challenging certain provisions of the agreement. The matter was heard by the Fair Work Commission, which was required to determine whether the provisions in question complied with the relevant legislation.

The primary legal issue was whether specific provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. The union argued that certain clauses, particularly those relating to penalty rates and shift loading, did not adequately protect the workers' rights and entitlements. The union contended that these provisions were not fairly negotiated and did not provide sufficient protections for the employees.

The Fair Work Commission examined the provisions in question and considered the principles of good faith bargaining and the protection of employees' rights. The Commission found that while the parties had engaged in good faith negotiations, certain provisions did not adequately safeguard the employees' entitlements. The Commission determined that the provisions relating to penalty rates and shift loading were not sufficiently protective and did not meet the standards required by the legislation. As a result, the Commission did not approve these specific provisions of the enterprise agreement.

The Fair Work Commission ordered that the enterprise agreement be approved with the exception of the provisions relating to penalty rates and shift loading. These provisions were found to be invalid and unenforceable. The Commission directed the parties to renegotiate these aspects of the agreement to ensure they complied with the legislative requirements and adequately protected the employees' rights.

Goodman Fielder Consumer Foods Pty Limited T/A Pampas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established