DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking
(AG2019/1875)

GOODMAN FIELDER WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019-2022

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 21 JUNE 2019

Application for approval of the Goodman Fielder Western Australia Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Western Australia Enterprise Agreement 2019-2022 (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 Baking. The Agreement is a single enterprise agreement.

[2] The Transport Workers' Union of Australia and United Voice 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 28 February 2022

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quality Bakers Australia Pty Ltd, trading as Goodman Fielder Baking, applied to the Fair Work Commission for approval of the Goodman Fielder Western Australia Enterprise Agreement 2019-2022. The applicant sought the agreement's approval to avoid the dispute between the company and the Bakers Union of WA becoming a protected industrial action. The applicant argued the agreement was fair and reasonable in all its terms.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally sound, if it provided for the proper balance of employees' and employers' interests, and if it included terms that were fair and reasonable. The applicant contended the agreement was just and equitable, while the union argued that several provisions were unfair and unreasonable.

The Commission found the agreement to be procedurally sound, as it had been negotiated in good faith and covered a broad range of employees. The Commission considered the balance of the agreement to be fair, as it provided for reasonable protections for employees while allowing the employer flexibility in managing the business. The Commission also found that most of the terms of the agreement were fair and reasonable, though it made some minor adjustments to certain provisions. Overall, the Commission was satisfied that the agreement met the statutory criteria for approval and granted the application.

Accordingly, the Fair Work Commission approved the Goodman Fielder Western Australia Enterprise Agreement 2019-2022, with some minor modifications. The approval ensures that the agreement will be in effect, preventing any protected industrial action from occurring. The parties are now bound by the terms of the agreement, which will govern their employment relationship for the duration of the agreement.

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established