DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited t/a Don
(AG2015/5993)

GEORGE WESTON FOODS LIMITED (CASTLEMAINE) ENGINEERING UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2015 (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 Limited t/a Don. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by George Weston Foods Limited, trading as Don, to approve the 2015 Engineering Union Collective Agreement for its Castlemaine operations. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission, with its broad jurisdiction over employment relations matters, was tasked with determining the validity and fairness of the proposed agreement.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections 230 and 231, which mandate that agreements must provide for fair and reasonable terms and conditions of employment. This included assessing if the agreement adequately addressed the rights and obligations of both the employer and the employees, and whether it met the criteria for being a "better off overall" agreement. The Commission also needed to consider any submissions from interested parties and the implications of the agreement on the broader industrial relations landscape.

The Fair Work Commission found that the proposed agreement was fair and reasonable and met the necessary legal standards. The Commission carefully reviewed the terms of the agreement and concluded that it provided for fair and reasonable terms and conditions of employment. The agreement was deemed to be a "better off overall" agreement, as it offered employees improved terms and conditions compared to the existing awards. The Commission also took into account the submissions from both parties and considered the broader industrial relations context. The decision was based on a detailed analysis of the agreement's provisions and their impact on the workforce.

The Fair Work Commission approved the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2015, determining that it met all the necessary legal criteria and was fair and reasonable for both the employer and the employees. This decision provided clarity and certainty for the parties involved and upheld the principles of fair and equitable employment relations.

George Weston Foods Limited t/a Don

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established