Quality Bakers Australia Pty Ltd T/A Quality Bakers Australia Pty Limited

[2021] FWCA 5287

[2021] FWCA 5287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Bakers Australia Pty Ltd T/A Quality Bakers Australia Pty Limited
(AG2021/6461)

GOODMAN FIELDER BAKING (QUEENSLAND) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 AUGUST 2021

Application for approval of the Goodman Fielder Baking (Queensland) Baking Enterprise Agreement 2020.

[1] Quality Bakers Australia Pty Ltd T/A Quality Bakers Australia Pty Limited applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Goodman Fielder Baking (Queensland) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] The copy of the notice of employee representational rights (NERR) given to employees stated that the Applicant was giving notice of bargaining in relation to the Goodman Fielder Baking (Queensland) Enterprise Agreement (the 2017 Agreement) instead of correctly referring to the agreement subject of this application.

[5] The Applicant responded to concerns about this issue by stating that the reference to the previous agreement in the NERR was an error, and that it was clear that bargaining was in relation to a replacement for the 2017 Agreement.

[6] Having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, I am satisfied that this matter is a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error, on the basis that 124 of 142 employees covered by the Agreement voted and of the 142 employees who voted, 116 voted to approve the Agreement. I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[7] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[8] The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[9] The Agreement is approved in accordance with s.54 of the Act and will operate from 3 September 2021. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A