DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder
(AG2019/1491)

QUALITY BAKERS AUSTRALIA PTY LTD (VICTORIA): MAINTENANCE AGREEMENT 2017 - 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 JUNE 2019

Application for approval of the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2017 - 2021.

[1] Quality Bakers Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2017 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, has given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 11 June 2019 and, in accordance with s 54, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Quality Bakers Australia Pty Ltd, trading as Goodman Fielder, a decision was rendered by the Fair Work Commission concerning the approval of the Maintenance Agreement 2017-2021. The applicant, Quality Bakers Australia Pty Ltd, sought approval of the agreement, which was intended to govern the terms of employment for its employees within the baking industry in Victoria. The dispute arose from the need to ensure the agreement was fair and balanced, aligning with the principles of the Fair Work Act 2009. The Commission's role was to assess whether the agreement met the criteria for approval and whether it was consistent with the objectives of the Act.

The primary legal issue the Commission had to resolve was whether the Maintenance Agreement 2017-2021 was genuinely a bargain between the parties, free from coercion and in line with the principles of good faith bargaining. This involved examining the process by which the agreement was negotiated, the fairness of the terms proposed, and whether the agreement complied with relevant provisions of the Fair Work Act. The Commission also needed to ensure that the agreement did not adversely affect the employees' rights and entitlements under the National Employment Standards and other relevant industrial instruments.

After a thorough review of the evidence and submissions, the Commission found that the Maintenance Agreement 2017-2021 met the statutory requirements for approval. The Commission determined that the agreement was the result of genuine bargaining and was fair and reasonable in all its terms. The process of negotiation was deemed to be conducted in good faith, and the terms of the agreement did not undermine the rights and entitlements of the employees. The Commission was satisfied that the agreement was consistent with the objectives of the Fair Work Act, and thus approved the Maintenance Agreement 2017-2021.

As a result of the Commission's decision, Quality Bakers Australia Pty Ltd's Maintenance Agreement 2017-2021 was approved. The agreement is now a legally binding instrument governing the employment terms of the employees within the specified period. The approval ensures that the agreement will be in effect, providing a stable and fair framework for industrial relations within the baking industry in Victoria.

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