DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited
(AG2017/6803)

GOODMAN FIELDER BAKING (CANBERRA) AND UNITED VOICE ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2018

Application for approval of the Godman Fielder Baking (Canberra) and United Voice Enterprise Agreement 2017 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Godman Fielder Baking (Canberra) and United Voice 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 Quality Bakers Australia Pty Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 6 September 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited recently faced a dispute in the Fair Work Commission, concerning the approval of the Godman Fielder Baking (Canberra) and United Voice Enterprise Agreement 2017-2020. The applicant, Quality Bakers Australia, sought to have the agreement, which had been negotiated between the employer and the trade union, ratified. The union, United Voice, contested the application, raising several objections to the terms of the agreement.

The legal issues before the Commission centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the union argued that certain provisions within the agreement did not comply with the Act's requirements, including provisions related to employee classification and remuneration. The union also contended that the process by which the agreement was negotiated was flawed, alleging that the employer had not genuinely attempted to negotiate in good faith.

The Commission carefully reviewed the evidence presented by both parties, assessing the terms of the agreement against the statutory criteria for approval. It determined that while some provisions required minor amendments to ensure compliance with the Fair Work Act, these changes could be made without substantially affecting the overall fairness and reasonableness of the agreement. The Commission also found that the employer had generally engaged in genuine negotiations, albeit with some procedural shortcomings. Consequently, the application was approved with conditions, requiring Quality Bakers Australia to make specified changes to the agreement before it could be implemented.

Quality Bakers Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established