DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder
(AG2021/4975)

QUALITY BAKERS AUSTRALIA PTY LTD (VICTORIA): MAINTENANCE AGREEMENT 2021 - 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 14 MAY 2021

Application for approval of the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2021 - 2024 (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 Ltd T/A Goodman Fielder. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 21 May 2021. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Quality Bakers Australia Pty Ltd, trading as Goodman Fielder, sought approval for the Maintenance Agreement 2021-2024 from the Fair Work Commission. The agreement, which was to replace the existing enterprise agreement, aimed to regulate the terms and conditions of employment for its employees in Victoria. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for a new enterprise agreement to be approved.

The primary legal issue before the Commission was whether the Maintenance Agreement complied with the Fair Work Act, particularly in relation to the requirements for a new enterprise agreement. This included ensuring that the agreement covered all relevant employees, provided for minimum terms and conditions, and was not detrimental to the employees. Another issue was whether the process for reaching the agreement was fair and in accordance with the law.

The Fair Work Commission carefully reviewed the proposed agreement and the process that led to it. The Commission found that the Maintenance Agreement met the necessary criteria under the Fair Work Act. It covered all relevant employees, provided for minimum terms and conditions, and did not contain any provisions that were detrimental to the employees. Additionally, the Commission was satisfied that the process for reaching the agreement was fair and in line with the legal requirements.

As a result of this decision, the Fair Work Commission approved the Maintenance Agreement 2021-2024, which will now govern the employment terms and conditions of the employees of Quality Bakers Australia Pty Ltd in Victoria. The approval of this agreement ensures that it will be legally binding and enforceable, providing certainty and stability in the workplace.

Quality Bakers Australia Pty Ltd 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