DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries (Canning Vale)
(AG2018/1339)

TIP TOP BAKERIES (CANNING VALE) BREADCARTERS', LOADERS' AND MERCHANDISERS' AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2018

Application for approval of the Tip Top Bakeries (Canning Vale) Breadcarters', Loaders' and Merchandisers' Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canning Vale) Breadcarters’, Loaders’ and Merchandisers’ Agreement 2017 (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 (Canning Vale). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 27 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

George Weston Foods Limited, trading as Tip Top Bakeries (Canning Vale), applied for the approval of the Tip Top Bakeries (Canning Vale) Breadcarters', Loaders' and Merchandisers' Agreement 2017. The application was heard in the Fair Work Commission. The dispute involved the proposed agreement's terms, particularly concerning wages, conditions, and the classification of employees. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and if it provided for a safety net of minimum terms and conditions of employment.

The Fair Work Commission considered whether the agreement met the criteria for approval under the Fair Work Act. Key issues included whether the agreement provided for a safety net of minimum terms and conditions, if it allowed for fair and flexible workplace arrangements, and whether it appropriately balanced the interests of employees and employers. The Commission also examined the classification of employees and the proposed wage rates, ensuring they met the legislative requirements and were fair and reasonable.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement complied with the Fair Work Act. The Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions, allowed for fair and flexible workplace arrangements, and appropriately balanced the interests of employees and employers. The Commission also found that the classification of employees and proposed wage rates were fair and reasonable, taking into account the economic climate and industry standards.

The Fair Work Commission approved the Tip Top Bakeries (Canning Vale) Breadcarters', Loaders' and Merchandisers' Agreement 2017, effective from the date of the decision. The approved agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the duration specified in the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established