Quality Bakers Australia Pty Limited Summary

[2014] FWC 1257

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quality Bakers Australia Pty Limited
(AG2014/133)

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 FEBRUARY 2014

Application for approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013 - further decision.

[1] Further to the decision issued on 6 February 2014 [2014] FWCA 885 and pursuant to s.586 of the Fair Work Act 2009 (the Act) the application made by Quality Bakers Australia Pty Limited and agreed to by United Voice, which is covered by the agreement, is amended as follows:

1. In the first paragraph of Appendix 1 “Classification Structure” the words “Food Coatings” be added as a further dot point.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quality Bakers Australia Pty Limited applied to the Fair Work Commission for approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013. The Commission had previously deferred its decision on approval pending the outcome of a related matter. The applicant sought the Commission’s approval of the agreement in light of the subsequent decision. The dispute was heard by Deputy President Mortimer and Senior Vice President McCabe.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, including pay and other benefits, and whether it complied with the requirements of the Act. The court also needed to consider whether the agreement had been made in good faith and whether it was in the best interests of the employees.

The court found that the agreement met the criteria for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions, including pay and other benefits, and complied with the requirements of the Act. The court was also satisfied that the agreement had been made in good faith and was in the best interests of the employees. The court noted that the agreement provided for a range of benefits, including increased pay rates, improved working conditions, and better access to training and development opportunities. The court was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations.

The court approved the Goodman Fielder Baking (Queensland) Enterprise Agreement 2013. The applicant was ordered to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to the Fair Work Commission and to each employee covered by the agreement. The court also ordered that the agreement would be registered with the Fair Work Commission and would be binding on all parties from the date of the decision.

Quality Bakers Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established