Quality Bakers Australia Pty Limited

[2025] FWCA 416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Limited

(AG2025/135)

GOODMAN FIELDER BAKING (DARWIN) ENTERPRISE AGREEMENT 2024-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 3 FEBRUARY 2025

Application for approval of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Darwin) Enterprise Agreement 2024-2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Quality Bakers Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 1.2(2) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to compassionate leave because the Agreement does not refer to the NES entitlements related to miscarriage and stillbirth.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Quality Bakers Australia Pty Limited, the employer, and the National Union of Workers, the union, concerning the application for approval of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2024-2026. The crux of the dispute centred on whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was heard by the Commission, which had to determine the validity of the agreement and whether it complied with the necessary legal standards.

The legal issues that the Commission addressed included the proper negotiation of the agreement, its compliance with the provisions of the Fair Work Act, and whether the agreement met the ‘better off overall test’ (BOOT). This test requires that no employee covered by the agreement should be worse off overall than they would be under the applicable award or other industrial instrument. Additionally, the Commission had to consider whether the agreement was appropriately certified and if it contained all necessary provisions as required by law.

In rendering its decision, the Commission examined the evidence provided by both parties and the certification process undertaken by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The Commission found that the agreement had been properly negotiated and certified, and that it met the statutory requirements under the Fair Work Act. The terms of the agreement were deemed to comply with the BOOT, ensuring that no employee would be worse off. The Commission also noted that the agreement contained all necessary provisions and was in line with the legal framework governing enterprise agreements.

As a result, the Commission approved the Goodman Fielder Baking (Darwin) Enterprise Agreement 2024-2026. The final orders mandated that the agreement be registered and enforced, providing a clear legal framework for the relationship between the employer and the employees covered by the agreement. This decision ensured that the terms of the agreement would be upheld and that both parties would be bound by the provisions contained therein.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established