DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Goodman Fielder Baking
(AG2015/338)

GOODMAN FIELDER BAKING (VICTORIA) AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Goodman Fielder Baking (Victoria) Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Victoria) 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] 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) of the Act I note that the Agreement covers this organisation.

[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 June 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

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 the approval of the Goodman Fielder Baking (Victoria) Agreement 2014-2017. The applicant sought to have the agreement, which had been negotiated with the Bakery Workers Union of Victoria, registered as a certified agreement under the Fair Work Act 2009. The dispute centered around the terms of the proposed agreement and whether it met the legal criteria for registration, including that it provided for the appropriate matters and was not inconsistent with any other registered agreements.

The legal issues before the Commission included whether the proposed agreement covered the appropriate matters as required by the Fair Work Act, whether it was consistent with the Act and other registered agreements, and whether it provided for the appropriate matters, including minimum wages, allowances, loadings, and penalty rates. The Commission also needed to determine if the agreement was consistent with the provisions of the Fair Work Act, including the protection of employees' rights and interests.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and was consistent with other registered agreements. It provided for the appropriate matters, including minimum wages, allowances, loadings, and penalty rates. The agreement also included provisions for dispute resolution, leave, and other employment conditions. The Commission approved the application and registered the Goodman Fielder Baking (Victoria) Agreement 2014-2017 as a certified agreement.

The final orders of the Commission included the approval and registration of the Goodman Fielder Baking (Victoria) Agreement 2014-2017 as a certified agreement under the Fair Work Act. The agreement was to be in effect from 1 January 2014 to 31 December 2017. The Commission also noted that the agreement would be available for inspection by the public at its offices and on its website.

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