DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Group Pty Ltd T/A Speedibake
(AG2018/4736)

SPEEDIBAKE ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 FEBRUARY 2019

Application for approval of the Speedibake Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Speedibake 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 George Weston Foods Group Pty Ltd T/A Speedibake. 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 the employer. 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] 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 National Union of Workers 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 28 February 2019. The nominal expiry date of the Agreement is 29 April 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of George Weston Foods Group Pty Ltd T/A Speedibake, the Fair Work Commission was tasked with approving the Speedibake Enterprise Agreement 2017. The application for approval was brought forth by the employer, George Weston Foods Group Pty Ltd, trading as Speedibake, with the employees represented by the Food and Allied Industries Union. The crux of the dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it provided for minimum terms and conditions that were not less favourable than those provided by the relevant awards or safety net awards.

The central legal issues before the Commission were whether the proposed agreement contained terms and conditions that were less favourable than the applicable awards and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the requirements for enterprise agreements as set out in the Fair Work Act.

In deliberating on these issues, the Commission examined the provisions of the proposed agreement against the relevant awards and the safety net awards. It found that while some terms were less favourable, the overall agreement provided for a comprehensive set of conditions that addressed the specific needs of the employees while maintaining a balance with the employer’s business objectives. The Commission also took into account the good faith negotiations between the parties and the absence of any evidence of coercion. Based on this analysis, the Commission determined that the agreement met the necessary criteria for approval and did not disadvantage the employees in a way that was contrary to the public interest.

The Fair Work Commission approved the Speedibake Enterprise Agreement 2017, subject to certain conditions designed to ensure compliance with the Fair Work Act and to protect the interests of the employees. The approval ensures that the terms and conditions of employment for the affected employees are governed by the new agreement, providing a framework for fair and equitable workplace practices.

George Weston Foods Group Pty Ltd T/A Speedibake

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established