DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking
(AG2015/389)

QUALITY BAKERS AUSTRALIA PTY LTD (VICTORIA): MAINTENANCE AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Quality Bakers Australia Pty Ltd (Victoria): Maintenance Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 “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, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 April 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, Quality Bakers Australia Pty Ltd trading as Goodman Fielder Baking, sought approval for the Maintenance Agreement 2014-2017, which was intended to establish the terms and conditions under which the applicant would provide maintenance services to the respondent. The application was brought before the Fair Work Commission, a tribunal responsible for resolving workplace disputes and enforcing workplace laws in Australia. The primary concern was whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the Maintenance Agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms that ensured the rights and entitlements of employees were protected. The Commission also had to consider if the agreement had been made without coercion and if it had been properly negotiated.

In reaching its decision, the Commission carefully reviewed the evidence provided by both parties. It examined the negotiation process to ensure that the agreement was genuinely negotiated and not imposed. The Commission assessed the terms of the agreement against the relevant provisions of the Fair Work Act and took into account the context of the industry and the economic circumstances at the time. Ultimately, the Commission found that the Maintenance Agreement was made without coercion and was a genuine enterprise agreement. It was approved on the basis that it met the necessary standards for fairness and reasonableness as required by law.

The Fair Work Commission approved the Maintenance Agreement 2014-2017, confirming that it was a genuine enterprise agreement that met the statutory requirements. The Commission's decision was based on a comprehensive review of the negotiation process and the terms of the agreement, ensuring that the rights and entitlements of employees were protected and that the agreement was fair and reasonable.

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established