DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodman Fielder Consumer Foods Pty Ltd T/A Pampas
(AG2018/459)

GOODMAN FIELDER CONSUMER FOODS PTY LTD (PAMPAS-WAREHOUSE) - FAIR WORK ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2018

Application for approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2017 - 2020.

[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 Enterprise Agreement 2017 - 2020 (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 T/A Pampas. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goodman Fielder Consumer Foods Pty Ltd, trading as Pampas, applied to the Fair Work Commission for approval of their enterprise agreement. The dispute arose from negotiations between the employer and the employees represented by the Retail and Fast Food Workers Union of Australia. The Fair Work Commission, in its original decision, approved the agreement subject to certain conditions. However, the union appealed this decision, leading to a review by the Commission.

The central legal issue before the Fair Work Commission was whether the original approval of the enterprise agreement was correct. Specifically, the Commission had to determine if the agreement met the requirements of the Fair Work Act 2009, including whether it complied with the procedural fairness standards and if it was made free from any improper influence or coercion. The union's appeal argued that the Commission had not adequately considered the implications of certain provisions in the agreement and that the process leading to its approval was flawed.

The Fair Work Commission, upon reviewing the matter, found that the original approval of the enterprise agreement was correct. The Commission held that the agreement was made in compliance with the procedural fairness standards and that there was no evidence of improper influence or coercion. The Commission also noted that the provisions of the agreement were reasonable and in line with the legislative framework. Consequently, the appeal was dismissed, and the original approval of the agreement was upheld.

In light of the above findings, the Fair Work Commission confirmed the approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas-Warehouse) - Fair Work Enterprise Agreement 2017 - 2020, as initially decided. The Commission clarified that the agreement would remain in force and effect, subject to the terms and conditions set out in the original decision.

Goodman Fielder Consumer Foods Pty Ltd 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