DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sauer’s Bread Company Pty Ltd T/A Sauer’s Bread Company
(AG2016/660)

SAUER’S BREAD COMPANY 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 Bread Company and United Voice Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sauer's Bread Company 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 Bread Company Pty Ltd T/A Sauer’s Bread Company. 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 parties involved in this case were Sauer’s Bread Company and United Voice Enterprise, who were seeking approval of their enterprise agreement from 2015 to 2017. The matter was heard by the Fair Work Commission. The central issue before the court was whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The court examined several key aspects of the agreement, including whether it was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with minimum terms and conditions as stipulated by the Act. The court also assessed the bargaining process to ensure it was conducted fairly and without coercion or other unfair practices. In its reasoning, the court found that the agreement was made in good faith and that it provided for a fair and efficient workplace. It was also determined that the agreement complied with the minimum terms and conditions and that the bargaining process was conducted fairly. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Sauer’s Bread Company and United Voice Enterprise Agreement for the period 2015 to 2017, subject to certain conditions and modifications as outlined in the decision. The approval was granted on the basis that the agreement met the legal requirements and provided for a fair and efficient workplace.

Sauer’s Bread Company Pty Ltd T/A Sauer’s Bread Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established