Quality Bakers Australia Pty Limited

[2014] FWCA 1939

The attached document replaces the document previously issued with the code [2014] FWC 1841 on 20 March 2014.

To correct document code.

Tara O’Connor

For the Associate to Senior Deputy President O’Callaghan

Dated 21 March 2014

[2014] FWCA 1939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quality Bakers Australia Pty Limited
(AG2014/479)

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

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016 (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] The employer has provided undertakings in the following terms:

“With respect to Clause 19 (Superannuation), the Company undertakes that “the Sunsuper Goodman Fielder Superannuation Plan” is an authorised MySuper product and is therefore consistent with the requirements of the FW Act.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2014. The nominal expiry date of the Agreement is 24 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Quality Bakers Australia Pty Limited for the approval of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016. The applicant sought to have the agreement approved under the Fair Work Act 2009 as a modern award. The application was made to the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act. This involved examining whether the agreement contained the minimum terms and conditions set out in the relevant modern award, and whether the agreement had been fairly negotiated and covered the necessary employees. The Commission also needed to consider if the agreement included appropriate dispute resolution provisions and if it complied with the good faith bargaining requirements.

In delivering its decision, the Commission noted that the agreement largely complied with the modern award and contained the necessary minimum terms and conditions. The Commission found that the agreement had been fairly negotiated and covered all the relevant employees. It also found that the agreement included appropriate dispute resolution provisions and adhered to good faith bargaining requirements. Consequently, the Commission approved the agreement as a modern award.

The final orders of the Commission were that the Goodman Fielder Baking (South Australia) Enterprise Agreement 2013-2016 be approved as a modern award under the Fair Work Act 2009. This approval allowed the agreement to replace the previous enterprise agreement and to govern the employment conditions of the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established