DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia
(AG2019/3173)

GOODMAN FIELDER BAKING (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (South Australia) Enterprise Agreement 2019-2022 (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 Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 25 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia, the Fair Work Commission was called upon to consider the approval of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2019-2022. The applicant, Quality Bakers Australia, sought the Commission's approval for the proposed agreement which was intended to govern the terms and conditions of employment for the employees covered by the agreement. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009, including whether it contained the required minimum terms and conditions, and whether it was free from prohibited content.

The primary legal issues before the Commission involved assessing whether the agreement contained all the mandated minimum terms and conditions, ensuring the agreement did not include any terms that would be considered contrary to public policy, and verifying that the agreement had been fairly and properly negotiated. Additionally, the Commission needed to determine if the agreement provided for a proper process for the resolution of workplace disputes and whether it complied with the good faith bargaining requirements set out in the Act.

The Commission carefully reviewed the proposed agreement against the statutory framework provided by the Fair Work Act 2009. It found that the agreement included all the necessary minimum terms and conditions, and that there were no provisions that contravened public policy. Furthermore, the Commission was satisfied that the agreement provided for an adequate process for the resolution of workplace disputes and that the bargaining process had been conducted in good faith. As a result, the Commission approved the Goodman Fielder Baking (South Australia) Enterprise Agreement 2019-2022, confirming its compliance with all legal requirements.

As a consequence of the Commission's decision, the Goodman Fielder Baking (South Australia) Enterprise Agreement 2019-2022 was approved and will govern the employment conditions for the relevant employees. This approval ensures that the agreement provides a fair and legally compliant framework for the relationship between Quality Bakers Australia and its employees.

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established