DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries
(AG2015/2635)

TIP TOP NSW ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JUNE 2015

Application for approval of the Tip Top NSW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top NSW Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Weston Foods Limited T/A Tip Top Bakeries. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from George Weston Foods Limited T/A Tip Top Bakeries. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] United Voice and the National Union of Workers, 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) of the Act 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 22 June 2015. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involves George Weston Foods Limited, trading as Tip Top Bakeries, and various unions representing employees in the baking industry. The dispute arose from the proposed Tip Top NSW Enterprise Agreement 2014, which the company sought to have approved by the Fair Work Commission. The unions involved contested certain aspects of the proposed agreement, necessitating judicial scrutiny of its terms and the process by which it was negotiated. The Fair Work Commission was the court tasked with resolving the dispute and determining whether the agreement should be certified as meeting the necessary legal standards.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it contained the requisite minimum terms and conditions, and whether the process of reaching the agreement was procedurally fair. The unions argued that certain provisions of the agreement, particularly those relating to pay and conditions, did not meet the statutory requirements for minimum entitlements and were not the product of genuine bargaining. The Commission had to weigh these arguments against the evidence presented by the company, which sought to demonstrate that the agreement was the result of fair and genuine negotiations and complied with all necessary statutory provisions.

The Commission carefully examined the evidence and submissions from both parties. It concluded that the agreement was indeed made in good faith and contained all the required minimum terms and conditions. The Commission found that the negotiation process was procedurally sound, despite some procedural irregularities, which did not materially affect the outcome. The unions' arguments regarding the pay and conditions provisions were not substantiated, as the Commission determined that these were reasonable and within the bounds of what could be achieved through fair negotiations. Accordingly, the Commission approved the Tip Top NSW Enterprise Agreement 2014.

In its decision, the Commission approved the agreement, dismissing the unions' objections. The approval was based on the finding that the agreement met all legal requirements for good faith bargaining and contained the necessary minimum terms. The Commission did not make any specific orders regarding changes to the agreement but certified it as meeting the statutory standards for enterprise agreements.

George Weston Foods Limited T/A Tip Top Bakeries

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established