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

[2014] FWCA 6488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries (Canberra)
(AG2014/7192)

TIP TOP BAKERIES (CANBERRA) ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 SEPTEMBER 2014

Application for approval of the Tip Top Bakeries (Canberra) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canberra) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Weston Foods Limited T/A Tip Top Bakeries (Canberra). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 23 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, George Weston Foods Limited, trading as Tip Top Bakeries (Canberra), applied for approval of the Tip Top Bakeries (Canberra) Enterprise Agreement 2014. The dispute centred around whether the agreement met the necessary legal criteria for approval, particularly in terms of its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues revolved around whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it included all the mandatory terms prescribed by the regulations. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it had been properly negotiated. Furthermore, the Commission had to ensure that the agreement contained all the mandatory terms required by the regulations, and that it had been appropriately certified by an authorised bargaining representative.

The Commission found that the Tip Top Bakeries (Canberra) Enterprise Agreement 2014 met all the necessary criteria for approval. The agreement was deemed to be a genuine enterprise agreement, negotiated in good faith, and it contained all the mandatory terms prescribed by the regulations. The Commission was satisfied that the agreement had been properly certified by an authorised bargaining representative and that all procedural requirements had been complied with. As a result, the Commission approved the agreement, finding it to be fair and reasonable. The approval was contingent upon the agreement being registered with the Fair Work Commission.

The Fair Work Commission approved the Tip Top Bakeries (Canberra) Enterprise Agreement 2014, subject to its registration. The decision underscored the importance of ensuring that enterprise agreements meet all legal requirements and are negotiated in good faith. This case serves as a reminder to employers and employees of the necessity of adhering to the statutory framework when entering into enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established