Quality Bakers Australia Pty Limited T/A Goodman Fielder

[2017] FWCA 4876

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder

(AG2017/2435)

Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2017-2020

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2017 - 2020 (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 T/A Goodman Fielder. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Quality Bakers Australia Pty Limited, trading as Goodman Fielder, and the unions United Voice and AMWU. The matter pertained to the approval of the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2017-2020. The unions sought approval of the enterprise agreement, which had been negotiated with Goodman Fielder. The company opposed the approval, raising concerns about various aspects of the agreement.

The legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Key points of contention included the classification and remuneration of employees, conditions regarding shift patterns, and provisions for redundancy and transition arrangements. The company argued that certain clauses were inconsistent with minimum entitlements and procedural fairness, while the unions contended that the agreement was fair and reasonable and complied with statutory requirements.

In delivering its decision, the Commission examined the specific provisions of the agreement in light of the statutory framework. It found that while some of the company’s concerns were valid, the overall agreement was fair and reasonable. The Commission noted that the classification and remuneration provisions were largely consistent with industry standards and did not unfairly disadvantage employees. Regarding shift patterns and redundancy provisions, the Commission determined that the agreement adequately balanced the interests of both parties. Consequently, the Commission approved the enterprise agreement, subject to minor modifications to address the company's legitimate concerns.

The final orders of the Commission included the approval of the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2017-2020, with certain amendments to ensure compliance with the Fair Work Act and Regulations. The modifications involved clarifying the process for handling shift changes and adjusting the redundancy provisions to provide clearer guidelines for both employers and employees. These changes were deemed necessary to address the company's concerns without undermining the overall fairness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established