Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia
[2025] FWCA 1629
•15 MAY 2025
| [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
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.
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.
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.
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).
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.
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
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Annexure A
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