DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia
(AG2020/831)

GOODMAN FIELDER BAKING (DARWIN) ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 24 APRIL 2020

Application for approval of the Goodman Fielder Baking (Darwin) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Darwin) Enterprise Agreement 2019-2022 (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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Quality Bakers Australia Pty Limited trading as Goodman Fielder Australia, sought approval for the Goodman Fielder Baking (Darwin) Enterprise Agreement 2019-2022. The respondent, the Australian Manufacturing Workers' Union, contested the application. The crux of the dispute centred around the terms and conditions of employment for the workforce at the Darwin baking facility. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement satisfied the procedural requirements for approval, particularly if it had been fairly negotiated and whether it complied with the unfair dismissal provisions of the Act. Additionally, the Commission needed to assess whether the agreement adequately addressed the needs of the workforce and whether any terms were contrary to the public interest. The Commission's role was to ensure the agreement did not adversely affect the employees' rights and protections under the Fair Work Act.

In its decision, the Commission found that the application met the procedural requirements for approval. It concluded that the agreement had been fairly negotiated and that there were no procedural flaws in the bargaining process. The Commission also determined that the agreement did not contravene the unfair dismissal provisions and that it provided a fair and reasonable outcome for the employees. Importantly, the Commission found that none of the terms were contrary to the public interest. Consequently, the Commission approved the Goodman Fielder Baking (Darwin) Enterprise Agreement 2019-2022.

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