DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking
(AG2015/343)

GOODMAN FIELDER BAKING (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 MAY 2015

Application for approval of the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2014-2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Transport Workers’ Union of Australia, United Voice, and the “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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 28 February 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involves Quality Bakers Australia Pty Ltd, trading as Goodman Fielder Baking, and the Australian Council of Trade Unions, represented by the Bakery, Confectionery and Food Workers' Union. The dispute centres on the application for approval of the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2014-2017. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for a fair and reasonable terms and conditions of employment for the relevant employees, considering the nature and duration of the agreement, and whether the parties had genuinely negotiated the terms.

The legal issues before the court involved scrutiny of various provisions within the agreement, including those related to pay rates, working hours, leave entitlements, and other employment conditions. The FWC had to determine if the proposed terms and conditions were fair and reasonable, taking into account the economic and industrial context, and whether the agreement was genuinely negotiated without any undue influence or coercion. The court also examined the process through which the agreement was negotiated to ensure compliance with procedural fairness.

The FWC concluded that while most provisions of the agreement were fair and reasonable, certain aspects needed adjustment to meet the statutory requirements. The court approved the agreement with modifications to specific clauses, including those concerning pay rates and conditions. The FWC found that the overall agreement provided for fair and reasonable terms and conditions, and that the negotiation process had been conducted in a manner consistent with procedural fairness. The modifications were made to ensure the agreement fully complied with the Fair Work Act.

In summary, the FWC approved the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2014-2017, subject to the modifications made to certain provisions. This decision reflects the FWC's role in ensuring that enterprise agreements provide fair and reasonable terms and conditions of employment while also upholding the integrity of the negotiation process.

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