George Weston Foods Limited T/A DON KRC Summary

[2023] FWCA 704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited T/A DON KRC

(AG2023/253)

Castlemaine (Processing and Logistics) Enterprise Agreement 2022

Meat Industry
DEPUTY PRESIDENT BELL	MELBOURNE, 3 MARCH 2023

Application for approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Castlemaine (Processing and Logistics) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, George Weston Foods Limited T/A DON KRC. The Agreement is a single enterprise agreement.

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australasian Meat Industry Employees Union (AMIEU), 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.

The Agreement was approved on 3 March 2023 and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 3 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

George Weston Foods Limited, trading as DON KRC, applied to the Fair Work Commission for approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2022. The dispute centred on the terms of the enterprise agreement, which was intended to govern the employment conditions of certain workers within the company's Castlemaine processing and logistics operations. The application came before the Commission, which was tasked with determining whether the agreement met the statutory criteria for approval.

The legal issues the Commission had to decide were whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the employees' minimum entitlements, whether it was certified as a simple or low-complexity agreement, and whether it had been negotiated in good faith. The Commission also needed to assess whether the agreement was free from prohibited content, such as provisions that were contrary to public policy or that attempted to undermine the operation of the Fair Work Act.

In its reasoning, the Commission found that the agreement did indeed meet the statutory criteria for approval. The agreement was certified as a low-complexity agreement, which facilitated the Commission's assessment process. The Commission noted that the agreement provided for all of the employees' minimum entitlements and was free from any prohibited content. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to engage in meaningful discussions. Based on these findings, the Commission approved the agreement, recognising it as a legally binding enterprise agreement under the Fair Work Act.

Following the approval, the Commission issued orders confirming the terms of the Castlemaine (Processing and Logistics) Enterprise Agreement 2022. These orders provided for the agreement to be registered with the Fair Work Commission, thereby ensuring that it would be enforceable in accordance with the provisions of the Fair Work Act. The approved agreement now governs the employment conditions of the relevant workers within George Weston Foods Limited's Castlemaine operations, providing a framework for the resolution of any future disputes that may arise.

George Weston Foods Limited T/A DON KRC

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established