DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Zeally Bay Sourdough Pty Ltd a/t/f Zeally Bay Sourdough Trust T/A Zeally Bay Sourdough
(AG2015/2107)

ZEALLY BAY SOURDOUGH ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 APRIL 2015

Application for approval of the Zeally Bay Sourdough Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zeally Bay Sourdough Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Zeally Bay Sourdough Pty Ltd a/t/f Zeally Bay Sourdough Trust T/A Zeally Bay Sourdough. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Zeally Bay Sourdough. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 23 April 2019.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zeally Bay Sourdough Pty Ltd, trading as Zeally Bay Sourdough, sought the Fair Work Commission's approval of the Zeally Bay Sourdough Enterprise Agreement 2015. The respondents were the Australian Manufacturing Workers' Union and a number of employees of the applicant. The nature of the dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically those concerning the avoidance of unprotected industrial action. The case was heard by the Commission, led by Member P. J. Smith.

The primary legal issue the Commission had to resolve was whether the proposed agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. This involved a detailed examination of the agreement to ensure it adhered to the legislative framework, particularly in relation to the protection against unprotected industrial action. The Commission also had to consider if the agreement was fair and reasonable in the context of the parties' respective bargaining positions and the broader economic environment.

In its decision, the Commission found that the agreement substantially complied with the Fair Work Act. The Commission noted that while there were some minor deficiencies, these did not detract from the overall fairness and reasonableness of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it did not permit unprotected industrial action. Consequently, the Commission approved the Zeally Bay Sourdough Enterprise Agreement 2015, subject to certain minor amendments to address the identified deficiencies.

The final orders of the Commission included the approval of the Zeally Bay Sourdough Enterprise Agreement 2015, with conditions that the applicant would make specific amendments to rectify the identified minor deficiencies. These orders were intended to ensure the agreement met all legislative requirements while maintaining its fundamental fairness and reasonableness.

Zeally Bay Sourdough Pty Ltd a/t/f Zeally Bay Sourdough Trust T/A Zeally Bay Sourdough

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established