Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder Consumer Foods Pty Ltd Summary

[2023] FWCA 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder Consumer Foods Pty Ltd

(AG2023/135)

Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement 2022 - 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 FEBRUARY 2023

Application for approval of the Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement 2022 – 2024

An application has been made for approval of an enterprise agreement to be known as the Goodman Fielder Consumer Foods Pty Limited (Pampas) – Union Fair Work Enterprise Agreement 2022 – 2024 (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 (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 13 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 15 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Goodman Fielder Consumer Foods Pty Ltd, trading as Goodman Fielder Consumer Foods Pty Ltd, and the Australian Manufacturing Workers’ Union. The dispute was centred on the approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas) – Union Fair Work Enterprise Agreement 2022 – 2024. The case was heard by the Fair Work Commission, with Deputy President P W G Kiernan presiding over the matter. The Australian Manufacturing Workers’ Union sought approval of the enterprise agreement, while Goodman Fielder contested certain aspects of the proposed agreement.

The primary legal issues before the court were whether the enterprise agreement complied with the relevant statutory provisions under the Fair Work Act 2009 and if the process by which the agreement was formed met the necessary criteria. Specifically, the court needed to determine whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions as required by the legislation. Another issue was whether the agreement provided for proper procedures for the resolution of employee grievances.

The court found that the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Deputy President noted that the agreement was made in good faith and contained the required minimum terms and conditions. The court also found that the agreement provided adequate procedures for the resolution of employee grievances. Furthermore, the Deputy President concluded that the process by which the agreement was formed met the necessary criteria, as there was evidence of genuine consultation and negotiation between the parties. As a result, the Deputy President approved the Goodman Fielder Consumer Foods Pty Ltd (Pampas) – Union Fair Work Enterprise Agreement 2022 – 2024.

In light of the above, the Fair Work Commission approved the Goodman Fielder Consumer Foods Pty Ltd (Pampas) – Union Fair Work Enterprise Agreement 2022 – 2024, with effect from the date of the decision. The Deputy President also made an order that the agreement be registered by the Registrar of the Fair Work Commission.

Goodman Fielder Consumer Foods Pty Ltd T/A Goodman Fielder Consumer Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established