DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder
(AG2017/6756)

GOODMAN FIELDER BAKING (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 2 MARCH 2018

Application for approval of the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2017-2019. 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 T/A Goodman Fielder. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Quality Bakers Australia Pty Limited, trading as Goodman Fielder, and its employees represented by the Bakers Union of Australia. The dispute centred on the application for approval of the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2017-2019. The primary issue was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement was made in good faith, whether it contained only permissible provisions, and if it complied with the relevant sections of the Fair Work Act. Specifically, the court examined whether the agreement provided fair and reasonable terms and conditions, and if the process leading to its creation adhered to the requirements for enterprise agreements. The court also considered the arguments from both parties regarding the fairness and practicality of the proposed terms.

In its decision, the Fair Work Commission found that the agreement did meet the legal standards for approval. The commission emphasised that the terms of the agreement were fair and reasonable, providing a balance between the interests of the employer and the employees. The commission also noted that the process leading to the agreement was conducted in good faith, with adequate consultation and negotiation between the parties. As a result, the court approved the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2017-2019.

Quality Bakers Australia Pty Limited T/A Goodman Fielder

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established