DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Quality Bakers Australia Pty Limited
(AG2014/8179)

GOODMAN FIELDER BAKING (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2013 - 2016

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 DECEMBER 2014

Application for variation of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016.

[1] An application has been made to vary an enterprise agreement known as the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. 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.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Annexure A.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited sought to vary the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016, a decision rendered by the Fair Work Commission. The application aimed to alter specific terms concerning employee classification and remuneration, which the company argued were necessary to adapt to changing business conditions. The union representing the employees opposed the proposed changes, asserting that they would negatively affect job security and compensation.

The central legal issues before the Commission involved whether the proposed variations complied with the statutory requirements of the Fair Work Act 2009 and whether they were procedurally and substantively fair. The Commission had to determine whether Quality Bakers Australia had demonstrated a genuine change in circumstances warranting the changes and whether the process followed was appropriate. Additionally, the Commission needed to assess the impact of the proposed changes on the employees, ensuring that the variations did not unfairly disadvantage them.

In its decision, the Commission found that Quality Bakers Australia had not sufficiently demonstrated a genuine change in circumstances to justify the variations. The company's evidence was considered insufficient to establish the necessity of the proposed changes. The Commission also noted procedural deficiencies in the process followed by the company, which further undermined the application. Consequently, the Commission rejected the application, ruling that the proposed changes did not meet the statutory requirements and were not fair and reasonable.

The Commission's final orders were that the application for variation of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016 be dismissed. The existing terms of the agreement remained in force, and no changes were implemented. The decision emphasised the importance of robust evidence and proper procedural adherence in such applications.

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