DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking
(AG2018/576)

GOODMAN FIELDER BAKING (VICTORIA) AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 6 JUNE 2018

Application for approval of the Goodman Fielder Baking (Victoria) Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Victoria) Agreement 2017-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Quality Bakers Australia Pty Ltd, trading as Goodman Fielder Baking, and the relevant trade unions. The dispute centred on the application for the approval of the Goodman Fielder Baking (Victoria) Agreement 2017-2020. The unions sought to have the agreement approved under the Fair Work Act 2009, while Quality Bakers Australia contested the application on various grounds. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The primary legal issues the Commission addressed were whether the agreement was genuinely a workplace agreement, whether it had been made in good faith, and whether it complied with the terms and provisions outlined in the Fair Work Act. The Commission also had to consider the impact of the agreement on employees, particularly regarding any changes to their conditions of employment, and whether the agreement provided adequate protection for employee interests. Additionally, the Commission examined whether the agreement facilitated workplace flexibility and productivity improvements without undermining the fundamental rights of employees.

The Commission found that the agreement was genuinely a workplace agreement, made in good faith, and complied with the statutory requirements. It was determined that the agreement provided for reasonable terms and conditions of employment and did not undermine the fundamental rights of employees. The Commission also concluded that the agreement facilitated workplace flexibility and productivity improvements in a manner that was fair and balanced. Consequently, the Commission approved the Goodman Fielder Baking (Victoria) Agreement 2017-2020.

The Fair Work Commission approved the Goodman Fielder Baking (Victoria) Agreement 2017-2020, effective from 1 September 2017 for a duration of three years. The agreement was set to provide a framework for the employment conditions of the relevant employees, balancing the interests of both the employer and the employees. This decision was made on the basis that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and was in the best interest of the employees involved.

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