George Weston Foods Limited T/A Tip Top Bakeries

[2024] FWCA 4701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries

(AG2024/4622)

TIP TOP BAKERIES OPERATIONS (VICTORIA) AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 30 DECEMBER 2024

Application for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Operations (Victoria) Agreement 2024(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).. The Agreement is a single enterprise agreement.

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 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· 4.15.2.

However, noting clause 1.7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2024. The nominal expiry date of the Agreement is 1 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by George Weston Foods Limited, trading as Tip Top Bakeries, to the Fair Work Commission for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2024. The application arose from the need to formalise employment conditions and other terms between the company and its employees represented by the Food, Beverage and Tobacco Workers' Union. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was required to determine whether the agreement was suitable for registration.

The primary legal issue the Commission had to address was whether the agreement complied with the requirements of the Fair Work Act, specifically sections relating to the procedural fairness of the agreement-making process, the content of the agreement, and its compliance with the Better Off Overall Test (BOOT). The Commission considered whether the agreement had been made in good faith, whether it contained all the mandatory terms prescribed by the Act, and whether it ensured employees were not worse off overall than they would be under the applicable award or safety net.

The Fair Work Commission found that the agreement was procedurally sound, having been negotiated in good faith and with appropriate consultation. The content of the agreement was comprehensive, covering all mandatory terms, and provided for various employment conditions, including wages, hours of work, leave entitlements, and other benefits. The Commission concluded that the agreement met the BOOT by ensuring that employees would be better off overall compared to the applicable award. The agreement provided for wage increases, additional benefits, and improvements to working conditions that outweighed any potential disadvantages.

The Commission approved the Tip Top Bakeries Operations (Victoria) Agreement 2024, determining that it met all the statutory requirements for registration and was in the best interests of the employees. This decision formalises the employment terms between Tip Top Bakeries and its employees, ensuring that they are covered by an agreement that provides for fair and equitable conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established