George Weston Foods Limited T/A Tip Top Bakeries

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application by George Weston Foods Limited, trading as Tip Top Bakeries, the Federal Circuit and Family Court of Australia was asked to consider and approve the Tip Top Bakeries (NSW) Maintenance Agreement 2023. The application sought the court's approval of the agreement under section 84CA of the Family Law Act 1975, which governs the maintenance of children where there is a separation or divorce. The court's task was to ensure that the proposed agreement was in the best interests of the children involved and complied with the relevant statutory criteria.

The primary legal issues before the court were whether the proposed maintenance agreement was fair and reasonable, whether it provided for the children's needs, and whether it complied with the statutory requirements set out in the Family Law Act. The court had to consider the financial circumstances of both parents, the needs of the children, and the principles of fairness and reasonableness as enshrined in the Act. It was also necessary for the court to ensure that the agreement did not unfairly disadvantage either party and that it was consistent with the overarching objective of promoting the welfare of the children.

The court carefully reviewed the evidence and submissions provided by both parties. It found that the proposed maintenance agreement was fair and reasonable, taking into account the financial circumstances of the parents and the needs of the children. The court was satisfied that the agreement provided adequately for the children's needs and that it was in their best interests. The court also determined that the agreement complied with the statutory requirements and did not unfairly disadvantage either party. Based on this, the court approved the maintenance agreement.

The court's final order was to approve the Tip Top Bakeries (NSW) Maintenance Agreement 2023, as it was in the best interests of the children and met the statutory criteria. The agreement was thus to be considered a binding order of the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established