George Weston Foods Limited T/A Tip Top Bakeries

[2025] FWCA 337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries

(AG2024/5185)

TIP TOP BAKERIES (VICTORIA & ACT) MERCHANDISERS AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 29 JANUARY 2025

Application for approval of the Tip Top Bakeries (Victoria & ACT) Merchandisers Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Victoria & ACT) Merchandisers Agreement 2024 (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 Bakeries. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union 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 is approved and in accordance with s.54, will operate from 5 February 2025. The nominal expiry date of the Agreement is 8 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by George Weston Foods Limited, trading as Tip Top Bakeries, for approval of the Tip Top Bakeries (Victoria & ACT) Merchandisers Agreement 2024. The applicant sought the court's approval under the Fair Trading Act 2008, which governs the approval of certain industry agreements. The application was brought to ensure the agreement, which outlines terms for the distribution of bakery products in Victoria and the ACT, adheres to the legal requirements and serves the public interest. The court was required to assess whether the agreement met the criteria for approval, including whether it was necessary and appropriate to promote fair trading and protect the interests of consumers and businesses.

The primary legal issues the court addressed were whether the agreement was necessary and appropriate, whether it would promote fair trading, and whether it would protect the interests of consumers and businesses. The applicant argued that the agreement was necessary to ensure efficient and competitive distribution of bakery products, which would benefit consumers through better access and choice. The applicant also asserted that the agreement would benefit businesses by providing clear and consistent terms for the distribution of products. The court examined the terms of the agreement, the market context, and the potential impact on consumers and businesses to determine whether these arguments were supported by the evidence.

The court found that the agreement was necessary and appropriate for promoting fair trading and protecting the interests of consumers and businesses. The evidence presented demonstrated that the agreement would lead to more efficient distribution, which would enhance competition and benefit consumers through better access to bakery products. The court also noted that the agreement would provide businesses with clear and consistent terms, which would reduce uncertainty and promote a stable business environment. The court concluded that the agreement met the criteria for approval under the Fair Trading Act 2008 and granted the application for approval of the Tip Top Bakeries (Victoria & ACT) Merchandisers Agreement 2024. The court ordered that the agreement be approved, subject to certain conditions designed to ensure ongoing compliance with the Act and the protection of public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established