Quality Bakers Australia Pty Limited T/A Goodman Fielder

[2020] FWCA 4525

[2020] FWCA 4525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder
(AG2020/2246)

GOODMAN FIELDER BAKING (NEW SOUTH WALES) - UNITED WORKERS UNION AND AMWU ENTERPRISE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry

Manufacturing and associated industries and occupations

DEPUTY PRESIDENT BOYCE

SYDNEY, 26 AUGUST 2020

Application for approval of the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Quality Bakers Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010, and the Manufacturing and Associated Industries and Occupations Award 2010, and Clerks Private Sector Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508851  PR722177>

Annexure A