Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2023] FWCA 153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

(AG2022/5372)

GOODMAN FIELDER BAKING (DARWIN) ENTERPRISE AGREEMENT 2022-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 17 JANUARY 2023

Application for approval of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Darwin) Enterprise Agreement 2022-2024 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188 and 190 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 24 January 2023. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, sought approval for the Goodman Fielder Baking (Darwin) Enterprise Agreement 2022-2024. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement fairly reflected the terms and conditions of employment for its employees in the baking industry, and that it complied with all relevant provisions of the Act.

The primary legal issues before the Commission were whether the proposed agreement had been genuinely negotiated between the employer and its employees, and whether it contained all the mandatory terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for the fair treatment of employees and whether it met the requirements for the endorsement of a single interest enterprise agreement. The Commission also considered whether the agreement was in the best interests of the employees, taking into account the various provisions of the Act.

In delivering its decision, the Commission examined the evidence presented regarding the negotiation process and concluded that the agreement had been genuinely negotiated between the parties. The Commission found that the agreement contained all the necessary mandatory terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement was in the best interests of the employees, as it provided for fair treatment and adequately reflected the needs and concerns of the workforce. Consequently, the Commission approved the Goodman Fielder Baking (Darwin) Enterprise Agreement 2022-2024, endorsing it as a single interest enterprise agreement under the Fair Work Act.

The Commission's final orders included the approval of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2022-2024, effective from the date of the decision. The agreement was endorsed as a single interest enterprise agreement, binding both the employer and employees within the specified bargaining unit. The Commission emphasised the importance of continued compliance with the Act and mandated that any future disputes or variations to the agreement must be addressed in accordance with the Fair Work Act and the provisions of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established