Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2025] FWCA 2086

[2025] FWCA 2086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

(AG2025/1820)

GOODMAN FIELDER WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2025 - 2028

Food, beverages and tobacco manufacturing industry
COMMISSIONER LIM	PERTH, 25 JUNE 2025

Application for approval of the Goodman Fielder Western Australia Enterprise Agreement 2025 - 2028.

1. Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Goodman Fielder Western Australia Enterprise Agreement 2025 - 2028. The application was made under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards:

(a)Clause 30.7 provides that if leave is taken in advance and the employment terminates before the entitlement has accrued the Company may make a corresponding deduction from any money due to the Employee on termination. This may be inconsistent with the NES if the employer deducts from other NES entitlements owed to the employee.

(b)Clause 31.2(3) provides that if it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Company by telephone of such absence at the first opportunity on the day of the absence. Section 107 of the Act provides notice must be given as soon as is reasonably practicable (which may be after the leave has started).

(c)Clause 32 provides for compassionate leave; however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

1. However, I am satisfied that under clause 6 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Transport Workers' Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 25 June 2025 and, in accordance with s 54, will operate from 2 July 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

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<AE529471  PR788572>

Annexure A