DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited
(AG2015/6463)

GOODMAN FIELDER BAKING (CANBERRA) AND UNITED VOICE ENTERPRISE AGREEMENT, 2015-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 NOVEMBER 2015

Application for approval of the Goodman Fielder Baking (Canberra) and United Voice Enterprise Agreement, 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Canberra) and United Voice Enterprise Agreement, 2015-2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Quality Bakers Australia Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 6 September 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited sought approval from the Fair Work Commission for the Goodman Fielder Baking (Canberra) and United Voice Enterprise Agreement, 2015-2017. The dispute arose due to disagreements between the employer and the union over the terms of the proposed agreement, including wages, working conditions, and other employment-related matters. The matter was heard by the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements and employment disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved determining whether the agreement was "better off overall" for the employees, as required by the Act. The Commission considered various factors, including the financial position of the employer, the nature of the proposed changes, and the impact on the employees' conditions. The Commission also had to assess whether the agreement was made in good faith and whether it complied with any relevant modern awards.

After careful consideration of the evidence and arguments presented by both parties, the Commission determined that the proposed enterprise agreement was in the best interests of the employees. The Commission found that the agreement provided for a fair and reasonable outcome for both the employer and the employees, taking into account the financial constraints faced by the employer. The Commission approved the agreement, noting that it met the requirements of the Fair Work Act 2009 and provided for a better-off overall outcome for the employees.

The Commission's decision was based on a comprehensive analysis of the evidence and arguments presented by both parties. The Commission concluded that the proposed agreement was fair and reasonable, and that it met the statutory requirements under the Fair Work Act 2009. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees are protected and that the employer is able to operate within its financial constraints.

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