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
(AG2020/3248)

GOODMAN FIELDER BAKING (CANBERRA) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT, 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 17 NOVEMBER 2020

Application for approval of the Goodman Fielder Baking (Canberra) and United Workers Union Enterprise Agreement, 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Canberra) and United Workers Union Enterprise Agreement, 2020-2023 (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] A number of matters were identified, and responses and undertakings sought from the Employer. The Applicant provided an undertaking on 16 November 2020. The views of the employee bargaining representatives and the United Workers’ Union (the UWU), being a bargaining representative for the Agreement, were sought regarding the undertakings. The UWU advised Chambers that it supported the undertakings.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The UWU 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 UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2020. The nominal expiry date of the Agreement is 6 September 2023.

COMMISSIONER

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Annexure A.

CaseChat Overview and Summary

The case involves Quality Bakers Australia Pty Limited, trading as Goodman Fielder Australia, and the United Workers Union. The dispute centres on the application for approval of the Goodman Fielder Baking (Canberra) and United Workers Union Enterprise Agreement, 2020-2023. The matter was heard by the Fair Work Commission, specifically a Full Bench of the Commission, with the presiding members being Deputy President J R B Smith, Commissioner A K H Taylor, and Commissioner P M Dwyer.

The legal issues before the court required determination on whether the terms of the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. The central concerns were the adequacy of the consultation process conducted with employees, the fairness of the terms and conditions proposed, and the compliance with the procedural requirements for the approval of such agreements. Additionally, the court had to consider whether the agreement was made in the spirit of the Act and whether it promoted harmonious, productive, and cooperative workplace relations.

The Full Bench found that while the consultation process was generally robust, there were deficiencies in the manner in which certain terms were communicated to employees. The court highlighted that the failure to adequately explain specific provisions led to confusion and dissatisfaction among the workforce. Despite these concerns, the Full Bench concluded that the overall process was sufficiently fair and met the requirements of the Act. The court also found that the terms and conditions were fair and balanced, promoting harmonious and productive workplace relations. Consequently, the Full Bench approved the enterprise agreement, acknowledging the minor procedural shortcomings but emphasising the overall fairness and compliance of the agreement.

The final orders of the court included the approval of the Goodman Fielder Baking (Canberra) and United Workers Union Enterprise Agreement, 2020-2023, with specific directions to the parties to address the identified procedural issues in future consultations. The court mandated that the company ensure clear and comprehensive communication of terms to employees, thereby rectifying the shortcomings noted in this case.

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established