Suprima Bakeries Pty Ltd Summary

[2022] FWCA 745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suprima Bakeries Pty Ltd

(AG2022/373)

Suprima Bakeries Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 2 MARCH 2022

Application for approval of the Suprima Bakeries Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Suprima Bakeries Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suprima Bakeries Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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 it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 2 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suprima Bakeries Pty Ltd applied to the Fair Work Commission for the approval of the Suprima Bakeries Enterprise Agreement 2021. The Fair Work Commission, under the Fair Work Act 2009, was required to determine whether the agreement was in the interests of the employees of Suprima Bakeries Pty Ltd. The application was brought by Suprima Bakeries Pty Ltd, the employer, and the application was opposed by the Australian Manufacturing Workers' Union, representing some of the employees.

The central issue before the Fair Work Commission was whether the enterprise agreement was in the interests of the employees, taking into account the various factors set out in section 234 of the Fair Work Act 2009. These factors included the financial circumstances of the employer, the benefits provided to the employees, and the impact of the agreement on the employees' ability to maintain and improve their conditions of employment. The Commission had to carefully consider these factors to ensure that the agreement would not adversely affect the employees' rights and interests.

In delivering its decision, the Fair Work Commission noted that the enterprise agreement provided for a number of benefits to the employees, including wage increases, improved leave entitlements, and the establishment of a dispute resolution process. The Commission found that the agreement was in the interests of the employees, as it provided for fair and reasonable conditions of employment that took into account the financial circumstances of the employer. The Commission also noted that the agreement provided for a mechanism to review and adjust the agreement in the future, which would allow for any necessary changes to be made to ensure that the agreement continued to meet the interests of the employees.

Accordingly, the Fair Work Commission approved the Suprima Bakeries Enterprise Agreement 2021, subject to certain conditions designed to protect the interests of the employees. The Commission ordered that the agreement be registered and that it would come into effect on a date specified in the agreement. The decision of the Fair Work Commission is a useful guide for employers and employees seeking to negotiate and approve enterprise agreements that are in the interests of all parties.

Suprima Bakeries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established