DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries
(AG2020/472)

TIP TOP BAKERIES (NSW) MAINTENANCE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MARCH 2020

Application for approval of the Tip Top Bakeries (NSW) Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (NSW) Maintenance Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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 each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 March 2020. The nominal expiry date of the Agreement is 13 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Limited, trading as Tip Top Bakeries, applied to the Federal Circuit and Family Court of Australia for approval of the Tip Top Bakeries (NSW) Maintenance Agreement 2020. The dispute centred on the terms of a maintenance agreement between the applicant and the respondent, which aimed to ensure the provision of maintenance payments for the benefit of the respondent's children. The applicant sought to have the agreement approved under the Family Law Act 1975, ensuring it would be binding and enforceable.

The legal issues before the court involved the validity and enforceability of the agreement under the Family Law Act. The court needed to determine whether the agreement met the legislative requirements for approval, including ensuring that it was in the best interests of the children, provided for their proper maintenance, and did not contravene any other relevant laws. The court also considered the fairness and reasonableness of the agreement, as well as the parties' capacity to enter into the agreement.

In delivering the decision, the court found that the agreement was comprehensive and provided clear and adequate provisions for the maintenance of the children. The court was satisfied that the agreement met the legislative criteria for approval, as it was in the children's best interests and provided for their proper maintenance. The court also noted that both parties had entered into the agreement freely and with full understanding of its terms and implications. Consequently, the court approved the agreement, confirming its enforceability under the Family Law Act.

The final orders of the court included the approval of the Tip Top Bakeries (NSW) Maintenance Agreement 2020, which would now be binding on both parties. The court also ordered that the agreement be lodged with the Family Court for record and future reference. This decision ensured that the children would receive the agreed maintenance payments, providing stability and certainty for their future.

George Weston Foods Limited T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established