George Weston Foods Limited T/A Tip Top Bakeries Summary

[2022] FWCA 3227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries

(AG2022/3383)

TIP TOP NSW ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 15 SEPTEMBER 2022

Application for approval of the TIP TOP NSW ENTERPRISE AGREEMENT 2022.

George Weston Foods Limited T/A Tip Top Bakeries (the Employer) has made an application for the approval of the TIP TOP NSW ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 36.1(a) – Public Holidays is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of George Weston Foods Limited trading as Tip Top Bakeries, an application was made to the Fair Work Commission for the approval of the TIP TOP NSW Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for employees of the company in New South Wales. The application was heard in the Fair Work Commission, which is the federal industrial relations tribunal with jurisdiction over such matters.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it contained all the mandated minimum terms and conditions. This included assessing whether the agreement was free from prohibited content, such as discriminatory provisions, and whether it had been genuinely negotiated between the employer and the employees' representatives. The Commission also had to consider whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially compared to their previous terms of employment.

The Fair Work Commission found that the TIP TOP NSW Enterprise Agreement 2022 was compliant with all statutory requirements. The agreement was deemed to have been genuinely negotiated and contained no discriminatory provisions. It also satisfied the 'better off overall test', providing that employees would not be disadvantaged financially. Consequently, the Commission approved the agreement, recognising that it met the standards required under the Fair Work Act and provided a fair and reasonable set of terms for the employees.

The Commission's final order was the approval of the TIP TOP NSW Enterprise Agreement 2022, which became effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees in accordance with the terms set out in the agreement.

George Weston Foods Limited T/A Tip Top Bakeries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established