Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder

[2025] FWCA 38

[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

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 – 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  
  

1. 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.   

1. The undertakings relate to:    

1. Rates of pay applicable to trainees. 

Interaction with the National Employment Standards  
  

1. 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:     

1. Clause 4.11 – personal leave  

2. Clause 4.14.3 – carers’ leave  

3. Clause 19.3 – compassionate leave 

Consideration  
  

1. 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.  

1. 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. 

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

  
  
  
  
COMMISSIONER

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ANNEXURE A