austlii:cth/FWCA/2025/3850
General information, not legal advice.
FWCA
2025-11-17
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
GOODMAN FIELDER BAKING (NEW SOUTH WALES) - UNITED WORKERS UNION AND AMWU ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement to be known as the Goodman Fielder Baking (New South Wales) - United Workers Union and AMWU Enterprise Agreement 2025 - 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Quality Bakers Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] There was an issue raised by the Commission with the Employer regarding the provision of the NERR to relevant employees more than 14 days after notification time.[1] Having regard to the submissions of the Employer provided on 13 November 2025, I find that this issue also constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] The Employer has provided written undertakings dated 13 November 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020, Manufacturing and Associated Industries and Occupations Award 2020, and the Clerks - Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[4] The United Workers' Union, and "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
[5] Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2025. The nominal expiry date of the Agreement is 31 January 2028.
ANNEXURE A 


[1] Noting the requirements of s.173 of the Fair Work Act 2009.
[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
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