DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Limited T/A Goodman Fielder
(AG2020/2246)

GOODMAN FIELDER BAKING (NEW SOUTH WALES) - UNITED WORKERS UNION AND AMWU ENTERPRISE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry

Manufacturing and associated industries and occupations

DEPUTY PRESIDENT BOYCE

SYDNEY, 26 AUGUST 2020

Application for approval of the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Quality Bakers Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010, and the Manufacturing and Associated Industries and Occupations Award 2010, and Clerks Private Sector Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited, trading as Goodman Fielder, applied for the approval of the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020-2023 in the Fair Work Commission. The applicants sought to have the enterprise agreement approved under the Fair Work Act 2009, arguing it met the requirements for better off overall and in the public interest. The union and the applicant argued that the agreement was fair and reasonable and contained terms and conditions that were better off overall for the employees.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees and in the public interest. The Commission examined various aspects of the agreement, including the wage rates, hours of work, and other conditions, to ascertain if they were fair and reasonable. The union and the applicant presented arguments and evidence to support their position that the agreement was in the best interests of the employees.

The Fair Work Commission, after considering the submissions and evidence, found that the enterprise agreement was better off overall for the employees and in the public interest. The Commission noted that the agreement provided for wage increases, improved working conditions, and enhanced job security for the employees. The Commission also found that the agreement did not unduly harm the public interest and would not lead to any significant adverse economic or social consequences. Based on this finding, the Commission approved the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2020-2023.

The Fair Work Commission approved the enterprise agreement, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees covered by the agreement, and both parties are bound by its terms. The approval of the agreement provides certainty and stability for both the employees and the employer, ensuring that the terms and conditions of employment are fair and reasonable.

Quality Bakers Australia Pty Limited T/A Goodman Fielder

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established