Quality Bakers Australia Pty Limited

Case

[2025] FWCA 416

3 FEBRUARY 2025


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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