Goodman Fielder T/A Quality Bakers Australia Pty Ltd

[2023] FWCA 2582

[2023] FWCA 2582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goodman Fielder T/A Quality Bakers Australia Pty Ltd

(AG2023/2439)

GOODMAN FIELDER BAKING (NEW SOUTH WALES) – UNITED WORKERS UNION AND AMWU ENTERPRISE AGREEMENT 2023 – 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 16 AUGUST 2023

Application for approval of the Goodman Fielder Baking (New South Wales) – United Workers Union and AMWU Enterprise Agreement 2023 – 2025.

1. Goodman Fielder T/A Quality Bakers Australia Pty Ltd (the Employer) has made an application for the approval of the Goodman Fielder Baking (New South Wales) – United Workers Union and AMWU Enterprise Agreement 2023 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. I note that Clause 2.1.9 – Abandonment of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the UWU and AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A