DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited
(AG2017/12)

GOODMAN FIELDER BAKING (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Queensland) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017 The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited sought approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2016, which had been negotiated with the Bakers Union. The application was made before the Fair Work Commission, which must approve enterprise agreements before they can be registered and enforced. The Bakers Union opposed the application, raising concerns about provisions in the agreement that affected the classification of employees and their entitlements. The central legal issue was whether the provisions in question complied with the requirements of the Fair Work Act 2009, specifically whether they provided a safety net for employees and whether they had been genuinely negotiated.

The Fair Work Commission held that the provisions in the enterprise agreement did not adequately protect the safety net of employees, particularly with regard to the classification of employees and their entitlements. The Commission noted that some employees were being classified in a manner that did not align with their actual roles, and this resulted in lower pay and reduced entitlements. The Commission also found that the provisions had not been genuinely negotiated, as the union had not adequately represented the interests of its members. As a result, the Commission refused to approve the enterprise agreement.

The Fair Work Commission emphasised the importance of ensuring that enterprise agreements provide a safety net for employees and are genuinely negotiated. The Commission noted that it is not appropriate to approve an agreement if it fails to meet these standards, as doing so would undermine the purpose of the Fair Work Act. The Commission also highlighted the importance of ensuring that unions adequately represent the interests of their members in the negotiation of enterprise agreements. The Commission did not approve the Goodman Fielder Baking (Queensland) Enterprise Agreement 2016, and it was not registered or enforced.

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