Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2024] FWCA 1335

[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

1. 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).

1. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

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

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

COMMISSIONER

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