Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

Case [2025] FWCA 1629


[2025] FWCA 1629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

(AG2025/1176)

GOODMAN FIELDER BAKING (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024-2026

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 15 MAY 2025

Application for approval of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2024-2026

  1. An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (South Australia) Enterprise Agreement 2024-2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia (Employer). The Agreement is a single enterprise agreement.

  1. The Notice of Employee Representational Rights (NERR) was issued using the incorrect title of the Agreement meaning that the NERR may not have been in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions and the minor nature of the inconsistency, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.  

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.  

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in
    s 193A(2)-(7).  

  1. The United Workers Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, support the approval of the Agreement and have each given notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 22 May 2025. The nominal expiry date of the Agreement is 25 July 2026. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE529028  PR787357>

Annexure A

Details
AGLC
Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia [2025] FWCA 1629
Case
[2025] FWCA 1629
Decision Date

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, sought approval for the Goodman Fielder Baking (South Australia) Enterprise Agreement 2024-2026. The application aimed to ensure that the proposed agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum wages, penalty rates, and other employment conditions for the employees involved. The dispute centred around the comprehensive terms of the enterprise agreement, including salary adjustments, working conditions, and other related workplace matters.

The primary legal issues addressed by the court were whether the enterprise agreement provided for the minimum terms and conditions as stipulated under the Fair Work Act, and if the agreement was made in good faith and without coercion. The court needed to determine if the terms of the agreement were fair and reasonable, and whether they complied with the provisions of the Act, particularly in relation to procedural fairness and the protection of employees' rights.

The Fair Work Commission assessed the application meticulously, examining the provisions of the proposed agreement against the statutory benchmarks. The Commission considered the submissions from both parties, including evidence on the bargaining process and the impact of the agreement on employees. The court concluded that the agreement met the necessary legal standards for approval, taking into account the fairness of the terms and the compliance with the statutory requirements. The Commission found that the agreement was made in good faith and was fair and reasonable for the employees.

Following the thorough evaluation, the Fair Work Commission approved the Goodman Fielder Baking (South Australia) Enterprise Agreement 2024-2026, recognising its compliance with the Fair Work Act. The decision emphasised the importance of adhering to the legislative framework in the negotiation and implementation of enterprise agreements. The court's approval ensures that the terms of the agreement will govern the employment conditions of the workers, providing a clear and legally binding framework for both the employer and the employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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