DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sauer’s Bakehouse Pty Ltd T/A Sauer’s Bakehouse
(AG2018/7120)

SAUER’S BAKEHOUSE AND UNITED VOICE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2019

Application for approval of the Sauer’s Bakehouse and United Voice Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sauer’s Bakehouse and United Voice Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sauer’s Bakehouse Pty Ltd T/A Sauer’s Bakehouse. The Agreement is a single enterprise agreement.

[2] The Employer provided written undertakings on the 29 March 2019. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice (UV), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. On 29 March 2019, UV advised the Commission that it regarded the undertakings in Annexure A as suitable. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sauer’s Bakehouse Pty Ltd T/A Sauer’s Bakehouse, the Australian Industrial Relations Commission was called upon to decide on the application for approval of the Sauer’s Bakehouse and United Voice Enterprise Agreement 2018. The application was made by the applicant, Sauer’s Bakehouse Pty Ltd, which sought to have the proposed enterprise agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly in terms of its compliance with the provisions of the Act.

The primary legal issues before the Commission were whether the agreement was a "single, integrated and coherent whole," whether it was fairly negotiated, and if it contained the minimum terms and conditions as required by the Act. Additionally, the Commission needed to consider whether the agreement complied with the procedural requirements for its registration, including the necessity for a protected action test to be conducted.

The Commission deliberated on the application, examining the negotiation process, the content of the agreement, and the evidence provided regarding the fairness of the agreement. It found that the agreement was a single, integrated, and coherent whole and that it had been fairly negotiated. The Commission further determined that the agreement contained the minimum terms and conditions as required by the Act and that it complied with the procedural requirements for its registration. Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the application for the registration of the Sauer’s Bakehouse and United Voice Enterprise Agreement 2018.

As a result of the Commission’s decision, the Sauer’s Bakehouse and United Voice Enterprise Agreement 2018 was approved and registered under the Fair Work Act 2009, effective from the date of the decision. This ruling ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon provisions, and it provides a framework for the ongoing relationship between Sauer’s Bakehouse Pty Ltd and United Voice.

Sauer’s Bakehouse Pty Ltd T/A Sauer’s Bakehouse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established