DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder
(AG2020/4197)

GOODMAN FIELDER BAKING (VICTORIA) AGREEMENT 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Goodman Fielder Baking (Victoria) Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Victoria) Agreement 2020-2023 (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 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 8 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Quality Bakers Australia Pty Ltd, trading as Goodman Fielder, and the Fair Work Commission. The dispute revolves around the application for the approval of the Goodman Fielder Baking (Victoria) Agreement 2020-2023. The matter was heard and determined by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The Commission was required to decide whether the proposed enterprise agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for the proper and timely payment of minimum rates of pay, allowances, loadings and penalty rates as prescribed by the relevant awards and whether it complied with the good faith bargaining requirements. The Commission also had to consider the balance of benefits and detriments in the agreement and whether it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for the payment of minimum rates of pay and included appropriate allowances, loadings and penalty rates. The Commission was satisfied that the agreement was the product of good faith bargaining and that the balance of benefits and detriments was fair and reasonable. Consequently, the Commission approved the Goodman Fielder Baking (Victoria) Agreement 2020-2023.

The Fair Work Commission approved the Goodman Fielder Baking (Victoria) Agreement 2020-2023, effective from the date of the decision. The terms of the agreement will now apply to the relevant employees and employers as specified in the approved agreement.

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