DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2018/1977)

GOODMAN FIELDER BAKING (QUEENSLAND) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2018

Application for approval of the Goodman Fielder Baking (Queensland) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Baking (Queensland) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, United Voice sought the court's approval for the Goodman Fielder Baking (Queensland) Enterprise Agreement 2017. The application was brought under section 236 of the Fair Work Act 2009, seeking the Fair Work Commission's (FWC) determination that the agreement should be approved as a new enterprise agreement. The application was brought on behalf of the employees of Goodman Fielder Baking (Queensland) Pty Ltd, with United Voice acting as the applicant. The dispute centred around the procedural fairness of the agreement process and whether it complied with the statutory requirements.

The primary legal issues before the court were whether the applicant had established that the agreement was an enterprise agreement, and whether the process leading to the agreement's formation was procedurally fair. The applicant argued that the process was conducted in accordance with the relevant statutory provisions and that the agreement was properly made. The applicant also contended that the FWC's determination that the agreement should be approved was correct. The employer, Goodman Fielder Baking (Queensland) Pty Ltd, contested the application, asserting that the agreement did not meet the statutory requirements and that the process leading to its formation was not procedurally fair.

The court examined the evidence presented and the arguments made by both parties. The court considered the FWC's determination, which found that the agreement was an enterprise agreement and that the process leading to its formation was procedurally fair. The court noted that the FWC had considered the evidence and arguments presented by both parties and had made a reasoned decision. The court found that the applicant had established that the agreement was an enterprise agreement and that the process leading to its formation was procedurally fair. Accordingly, the court approved the Goodman Fielder Baking (Queensland) Enterprise Agreement 2017 as a new enterprise agreement. The court's decision was based on the FWC's determination and the evidence presented by both parties. The court found that the FWC had exercised its discretion correctly and that the agreement met the statutory requirements. The court's approval of the agreement means that it will now apply to the employees of Goodman Fielder Baking (Queensland) Pty Ltd.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established