George Western Foods Trading AS Tip Top Bakeries

[2025] FWCA 3098

[2025] FWCA 3098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Western Foods Trading AS Tip Top Bakeries

(AG2025/2775)

TIP TOP CAPALABA ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 12 SEPTEMBER 2025

Application for approval of the Tip Top Capalaba Enterprise Agreement 2025

1. George Weston Foods T/A Tip Top Bakeries (the Employer) has applied for approval of an enterprise agreement known as the Tip Top Capalaba Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

1. The UWU expressed concerns with an undertaking proffered by the Employer and proposed alternative wording for that undertaking. After some modifications, I advised the parties that I considered that the wording of the Employer’s undertaking was satisfactory and allowed a further period for the bargaining representatives to provide any additional views. The UWU advised that it had no further concerns in relation to the undertakings. No views from the other bargaining representatives were received.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. The Agreement’s workplace delegates’ rights term is less favourable than that contained in the Food, Beverage and Tobacco Manufacturing Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The UWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A – Undertakings