DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top
(AG2015/7249)

TIP TOP BAKERY (SPRINGWOOD) - ENTERPRISE AGREEMENT 2015-18

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Tip Top Bakery (Springwood) - Enterprise Agreement 2015-18.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakery (Springwood) - Enterprise Agreement 2015-18 (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 Tip Top. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia and United Voice 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 the organisations.

[5] The Agreement was approved on 17 February 2016 and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 23 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by George Weston Foods Limited trading as Tip Top Bakery. The matter related to the approval of the Tip Top Bakery (Springwood) Enterprise Agreement 2015-18. The dispute centred around the terms and conditions outlined in the agreement, which was proposed to govern the employment of certain workers within the Springwood bakery facility.

The legal issues the court had to address included whether the agreement met the criteria for registration under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it was free from prohibited content, fairly negotiated, and met the good faith bargaining requirements. Additionally, the court had to consider whether the agreement adequately provided for the rights and obligations of employees and employers, as well as the overall fairness of the terms.

The Fair Work Commission, in its decision, thoroughly examined the proposed agreement to determine its compliance with the relevant legislative framework. The court found that the agreement satisfied the criteria for registration. It concluded that the agreement was fairly negotiated and did not contain any prohibited content. Furthermore, the court found that the agreement was reasonably likely to achieve a balance between the interests of both employees and the employer, thus upholding the principles of fairness and good faith. Consequently, the court approved the agreement for registration.

The final order of the court was to approve the Tip Top Bakery (Springwood) Enterprise Agreement 2015-18, allowing it to be registered and enforced as a legally binding document between the employer and the employees covered by the agreement. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship moving forward.

George Weston Foods Limited T/A Tip Top

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established