Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2024] FWCA 1335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

(AG2024/1007)

GOODMAN FIELDER BAKING (VICTORIA) ENTERPRISE AGREEMENT 2023-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 15 APRIL 2024

Application for approval of the Goodman Fielder Baking (Victoria) Enterprise Agreement 2023-2026

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia has applied for approval of an enterprise agreement known as the Goodman Fielder Baking (Victoria) Enterprise Agreement 2023-2026 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I observe that Clause 12.7 is inconsistent with the National Employment Standards as it is silent in relation to miscarriage and stillbirth and may be inconsistent with s 104(1)(c). I note clause 7(3) of the Agreement gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 April 2024.

In accordance with Clause 4(2), the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, seeking approval of the Goodman Fielder Baking (Victoria) Enterprise Agreement 2023-2026. The dispute centred on the terms of the enterprise agreement which had been negotiated between the employer and the union representing the employees. The union, United Voice, sought to have the agreement approved, while the employer raised concerns about certain provisions, particularly those relating to pay rates and conditions.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. This section mandates that an enterprise agreement must provide for the "appropriate matters" and not contain "inappropriate content". The employer argued that certain provisions of the agreement, specifically those related to pay rates and the introduction of a new category of employee, did not comply with the appropriate matters and contained inappropriate content. The union contended that the provisions were necessary and fair, and that the employer had not demonstrated any significant detriment that would warrant disapproval.

In considering the application, the Commission examined the provisions of the agreement in detail. It assessed whether the pay rates and conditions proposed were reasonable and necessary for the enterprise, taking into account economic factors and the need to ensure a fair outcome for both parties. The Commission also considered whether the introduction of a new employee category was justified and whether it complied with the requirements of the Act. Ultimately, the Commission found that while some provisions could be improved, the overall agreement did not contain any terms that were significantly detrimental to the employer or employees. It was satisfied that the agreement was fair and appropriate, and therefore approved the Goodman Fielder Baking (Victoria) Enterprise Agreement 2023-2026.

The Fair Work Commission approved the enterprise agreement, subject to the minor modifications to address specific concerns raised by the employer. The union and the employer were directed to implement the agreed changes and finalise the text of the approved agreement. This decision provided clarity on the terms of employment for the period covered by the agreement, ensuring that both parties had a binding framework for their industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established