Quality Bakers Australia Pty Limited

[2013] FWCA 160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited
(AG2012/13155)

QUALITY BAKERS AUSTRALIA PTY LIMITED (CANBERRA) AND UNITED VOICE ENTERPRISE AGREEMENT, 2011-2014

Food, beverages and tobacco manufacturing industry
COMMISSIONER DEEGAN	CANBERRA, 8 JANUARY 2013

Application for approval of the Quality Bakers Australia Pty Limited (Canberra) and United Voice Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Quality Bakers Australia Pty Limited (Canberra) and United Voice Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Quality Bakers Australia Pty Limited. The agreement is a single enterprise agreement

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the intended operation of a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking given in relation to wording, which is taken to be a term of the agreement under s.201(3) of the Act, 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.

[4] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2013. The nominal expiry date of the Agreement is 6 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited recently applied to the Fair Work Commission for the approval of the Quality Bakers Australia Pty Limited (Canberra) and United Voice Enterprise Agreement 2011-2014. The application arose as the agreement had been made on 23 March 2011, and the Commission had not approved it. The applicant sought the agreement's approval under section 234 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it is satisfied that the agreement is in the interests of the employees and employers covered by it. The Commission's task was to determine whether the agreement met this test.

The legal issues before the Commission involved assessing the agreement's provisions, ensuring they were in the interests of both employees and employers, and considering whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission examined the agreement's terms, including wages, working conditions, dispute resolution mechanisms, and other employment-related matters. The Commission also considered submissions from both parties and any relevant precedents or statutory requirements. The Commission's decision hinged on whether the agreement's provisions were fair and balanced, promoting harmonious industrial relations while protecting the rights and interests of both parties.

The Fair Work Commission approved the agreement, finding that it was in the interests of both employees and employers. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wage rates, reasonable working hours, and effective dispute resolution mechanisms. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act and did not contain any terms that were contrary to public policy or otherwise unenforceable. The Commission was satisfied that the agreement would promote harmonious industrial relations and protect the rights and interests of both parties. As such, the Commission approved the agreement under section 234 of the Fair Work Act.

The Commission's approval of the Quality Bakers Australia Pty Limited (Canberra) and United Voice Enterprise Agreement 2011-2014 ensures that the agreement is legally binding and enforceable. This outcome provides certainty and stability to both employees and employers, promoting harmonious industrial relations and protecting the rights and interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established