Quality Bakers Australia Pty Limited T/A Goodman Fielder

[2014] FWCA 6826

FAIR WORK COMMISSION

DECISION

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

Quality Bakers Australia Pty Limited T/A Goodman Fielder
(AG2014/7574)

GOODMAN FIELDER BAKING (NEW SOUTH WALES) - UNITED VOICE AND AMWU ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 SEPTEMBER 2014

Application for approval of the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2014-2017.

[1] 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 2014-2017 (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 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] 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. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 7 October 2014. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Quality Bakers Australia Pty Limited trading as Goodman Fielder, sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement in question, the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2014-2017, was challenged by the respondents, United Voice and the Australian Manufacturing Workers' Union. The applicants argued that the agreement was necessary to improve the efficiency of their business operations, particularly in response to the competitive pressures faced by the baking industry. The respondents, on the other hand, raised concerns about the potential impact on employee conditions and entitlements.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement. This involved assessing whether the benefits of the agreement outweighed any detriments to the employees. The Commission had to consider the economic context of the industry, the specific terms of the agreement, and the views of both the applicant and the respondents. Furthermore, the Commission had to determine if the agreement was made in good faith and if it was genuinely for the purposes of improving the business operations of the applicant.

In its decision, the Commission found that the proposed agreement did meet the requirements of the BOOT. The Commission acknowledged the challenging economic environment facing the baking industry and recognised the need for the applicant to improve its business efficiency. The Commission noted that the agreement contained provisions that addressed the applicant's business needs while also providing reasonable protections for employees. The Commission concluded that the agreement was made in good faith and was genuinely for the purposes of improving the business operations of the applicant. Consequently, the Commission approved the proposed agreement.

The Commission's final order was that the Goodman Fielder Baking (New South Wales) - United Voice and AMWU Enterprise Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the applicant to implement the terms of the agreement, which aimed to enhance the efficiency and competitiveness of its business operations within the baking industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established