Quality Bakers Australia Pty Ltd T/A Goodman Fielder

[2022] FWCA 4250

[2022] FWCA 4250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder

(AG2022/4637)

Goodman Fielder Baking (South Australia) Enterprise Agreement 2022-2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 DECEMBER 2022

Application for approval of the Goodman Fielder Baking (South Australia) Enterprise Agreement 2022-2024

1. An application has been made for approval of an enterprise agreement to be known as the Goodman Fielder Baking (South Australia) Enterprise Agreement 2022-2024 (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 Ltd T/A Goodman Fielder (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 1 December 2022. 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 2020 and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The Australian Workers’ Union, and United 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.

Conclusion

1. 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.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 25 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518412  PR748550>

Annexure A