Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia Summary

[2022] FWCA 400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia
(AG2021/9253)

GOODMAN FIELDER WESTERN AUSTRALIA
ENTERPRISE AGREEMENT 2022-2025.

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 8 FEBRUARY 2022

Application for approval of the Goodman Fielder Western Australia Enterprise Agreement 2022-2025.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Western Australia Enterprise Agreement 2022-2025 (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.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 28 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, and its employees represented by the Bakers Union. The matter was brought before the Fair Work Commission, where the central dispute was the approval of the Goodman Fielder Western Australia Enterprise Agreement 2022-2025. This agreement, which was to regulate the employment terms between Goodman Fielder and its employees, required the commission's approval under the Fair Work Act 2009. The Bakers Union raised concerns regarding certain provisions of the agreement, particularly those pertaining to wages, hours of work, and employee entitlements.

The legal issues the court had to address centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. The court needed to ensure that the agreement was fair and reasonable, considering the employees' interests and the broader economic context. The Bakers Union argued that some provisions did not adequately protect employee rights and were not sufficiently aligned with the principles of fairness and reasonableness. Goodman Fielder, on the other hand, contended that the agreement was balanced and in the best interest of both the employees and the business.

In delivering its decision, the Fair Work Commission carefully examined the provisions of the agreement that were contested. The commission considered the arguments from both parties and the broader implications for the employees and the employer. Ultimately, the commission found that while the agreement contained some provisions that could be improved, it did not fundamentally undermine the principles of fairness and reasonableness. The commission approved the agreement, subject to certain modifications that addressed the concerns raised by the Bakers Union. These modifications ensured that the agreement better protected employee entitlements and aligned more closely with the expectations under the Fair Work Act.

The final orders of the Fair Work Commission approved the Goodman Fielder Western Australia Enterprise Agreement 2022-2025, with the specified modifications. The court's decision provided clarity and finality to the agreement, ensuring that it would be binding on both parties while addressing the legitimate concerns of the employees.

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established