George Weston Foods Limited T/A Tip Top Bakeries
[2023] FWCA 1267
•3 MAY 2023
| [2023] FWCA 1267 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
George Weston Foods Limited T/A Tip Top Bakeries
(AG2023/1121)
TIP TOP BAKERIES (NSW) MAINTENANCE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 3 MAY 2023 |
Application for approval of the Tip Top Bakeries (NSW) Maintenance Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (NSW) Maintenance Agreement 2023 (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 and 188 as are relevant to this application for approval have been met.
I note that the provisions of the Agreement at clause 17 (Termination of employment) and clause 18 (Redundancy) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 13 February 2026.
DEPUTY PRESIDENT
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