Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2025] FWCA 683

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 Australia

(AG2025/294)

GOODMAN FIELDER BAKING (QUEENSLAND) ENTERPRISE AGREEMENT 2024 - 2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER DURHAM	BRISBANE, 20 FEBRUARY 2025

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

An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Queensland) Enterprise Agreement 2024 - 2026 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.2.3(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, applied for the approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2024 - 2026. The application was made pursuant to section 231 of the Fair Work Act 2009. The respondents to the application included various unions representing the employees within the bargaining unit.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act, specifically whether it complied with the provisions for good faith bargaining and provided for the appropriate terms and conditions of employment. The Commission needed to determine if the agreement was fairly negotiated and if it provided for terms that were no less favourable than the applicable awards or the safety net provided by the National Employment Standards.

The Commission found that the agreement was the product of good faith bargaining and contained all the mandatory terms and conditions as required by the Fair Work Act. It also met the requirement of providing terms and conditions that were no less favourable than the relevant awards. The Commission was satisfied that the agreement provided adequate protections for employees and was in line with the principles of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the necessary statutory requirements.

The final orders of the Commission were that the Goodman Fielder Baking (Queensland) Enterprise Agreement 2024 - 2026 be approved, effective from the date of the decision. This approval ensured that the agreement would be binding on all parties involved, including the employer and the employees represented by the unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established