Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder

[2025] FWCA 38

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder

(AG2024/4893)

GOODMAN FIELDER CONSUMER FOODS PTY LIMITED (PAMPAS) – UNION FAIR WORK ENTERPRISE AGREEMENT – 2024 - 2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER REDFORD	MELBOURNE, 6 JANUARY 2025

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement – 2024 - 2026

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 – 2024 - 2026 (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. The Agreement is a single enterprise agreement.

Undertakings 
 

In response to several issues raised with Goodman Fielder Consumer Foods Pty Ltd in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement.

The undertakings relate to:

Rates of pay applicable to trainees.

Interaction with the National Employment Standards 
 

Clause 1.5 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

Clause 4.11 – personal leave

Clause 4.14.3 – carers’ leave

Clause 19.3 – compassionate leave

Consideration 
 

Subject to the undertakings referred to above, 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 United Workers Union (UWU) 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) I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

 
 
 
 
COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Goodman Fielder Consumer Foods Pty Ltd, trading as Goodman Fielder, and the union representing its employees. The dispute centred on the application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement for the period 2024 to 2026. The union sought approval of the agreement, while Goodman Fielder contested certain provisions. The matter was heard by the Fair Work Commission, which needed to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement complied with the Fair Work Act, particularly concerning the good faith bargaining provisions, the avoidance of protected action, and the fairness of the terms. The Commission needed to examine the negotiation process, the content of the agreement, and whether the terms were fair and reasonable. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, including provisions related to wages, conditions, and dispute resolution mechanisms.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement largely met the requirements for approval. The Commission acknowledged the union's adherence to good faith bargaining principles and the reasonableness of the terms proposed. While some minor issues were identified, the Commission determined that these did not significantly detract from the overall fairness and appropriateness of the agreement. Consequently, the Commission approved the Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement for the period 2024 to 2026, subject to any minor amendments required by the Commission.

The final orders of the Commission included the approval of the enterprise agreement with certain minor modifications to address the identified issues. The agreement was to be registered with the Fair Work Ombudsman, and both parties were directed to implement the agreed terms. The Commission's decision ensured that the agreement would provide a fair and balanced framework for employment relations between Goodman Fielder and its employees, promoting a stable and productive workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established