DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sauer’s Bakehouse Pty Ltd
(AG2016/659)

SAUER’S BAKEHOUSE AND UNITED VOICE ENTERPRISE AGREEMENT 2015 - 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 8 APRIL 2016

Application for approval of the Sauer’s Bakehouse and United Voice Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sauer's Bakehouse and United Voice Enterprise Agreement 2015 – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sauer's Bakehouse Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The 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) 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 15 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sauer’s Bakehouse Pty Ltd, sought the court's approval for the Sauer’s Bakehouse and United Voice Enterprise Agreement 2015 - 2017. The respondent, United Voice, did not oppose the application but raised concerns about the agreement's terms. The matter was heard in the Fair Work Commission.

The central legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court examined whether the agreement provided for adequate consultation with employees and whether it included terms that were fair and reasonable. The court also considered whether the agreement was in the best interests of the employees and the business.

The Fair Work Commission found that the enterprise agreement complied with all relevant legal requirements. The court acknowledged that the agreement provided for proper consultation with employees and contained terms that were fair and reasonable. The court also concluded that the agreement was in the best interests of the employees and the business. Therefore, the court approved the enterprise agreement.

The Fair Work Commission approved the Sauer’s Bakehouse and United Voice Enterprise Agreement 2015 - 2017. The court's decision was based on its finding that the agreement complied with all relevant legal requirements and was in the best interests of the employees and the business. The court's approval of the agreement allows it to take effect and bind the parties to its terms.

Sauer’s Bakehouse Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established