DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries
(AG2018/6201)

GEORGE WESTON FOODS LIMITED TIP TOP BAKERIES VICTORIAN (MAINTENANCE) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 MARCH 2019

Application for approval of the George Weston Foods Limited Tip Top Bakeries Victorian (Maintenance) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the George Weston Foods Limited Tip Top Bakeries Victorian (Maintenance) Agreement 2018 (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.

[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. 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.

[3] 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.

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

[5] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, George Weston Foods Limited T/A Tip Top Bakeries, applied for the approval of the George Weston Foods Limited Tip Top Bakeries Victorian (Maintenance) Agreement 2018. This agreement was intended to replace the existing George Weston Foods Limited Tip Top Bakeries Enterprise Agreement 2016, which was set to expire. The dispute revolved around the terms and conditions of employment for the employees covered by the agreement, specifically those in the baking and pastry division in Victoria.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from any provisions that would unduly discriminate against employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for the proper management of the workplace.

The Commission found that the proposed agreement met all the necessary criteria for approval. It provided for fair and reasonable terms and conditions of employment, and there were no provisions that would unduly discriminate against employees. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and provided for the proper management of the workplace. As a result, the Commission approved the George Weston Foods Limited Tip Top Bakeries Victorian (Maintenance) Agreement 2018.

The Commission made an order approving the George Weston Foods Limited Tip Top Bakeries Victorian (Maintenance) Agreement 2018, which will now apply to the employees covered by the agreement. The new agreement will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act 2009.

George Weston Foods Limited T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established