Quality Bakers Australia Pty Limited

[2014] FWCA 885

FAIR WORK COMMISSION

DECISION

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

Quality Bakers Australia Pty Limited
(AG2014/133)

GOODMAN FIELDER BAKING (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 FEBRUARY 2014

Application for approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation term with the content now required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2014. The nominal expiry date of the Agreement is 1 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited applied to the Fair Work Commission for the approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013. The application came before the Commission for determination. The nature of the dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for appropriate minimum wages and conditions, if it complied with the requirements for genuine bargaining, and whether it adhered to the provisions concerning the protection of employees' rights. The Commission examined the bargaining process, the fairness of the terms, and whether the agreement met the statutory criteria for approval.

The Fair Work Commission found that the proposed agreement met the necessary legislative requirements. The Commission confirmed that the agreement provided for appropriate minimum wages and conditions, adhered to the provisions for genuine bargaining, and protected the rights of employees. The Commission concluded that the agreement was fair and balanced, and approved it accordingly. The Commission's decision was based on a thorough examination of the bargaining process and the terms of the agreement, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established