| [2018] FWCA 4989 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
George Weston Foods Limited T/A Tip Top Bakeries (Canning Vale)
(AG2018/1648)
Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2017
| Food, beverages and tobacco manufacturing industry | |
| Commissioner McKinnon | MELBOURNE, 28 August 2018 |
Application for approval of the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canning Vale) Bakehouse 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.
Written undertakings have been given in accordance with s.190. 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.
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.
The United Voice 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 17 April 2022.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- George Weston Foods Limited T/A Tip Top Bakeries (Canning Vale) [2018] FWCA 4989
- Case
- [2018] FWCA 4989
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. This involved scrutinising the agreement to determine if it provided fair and reasonable terms, including minimum wages and conditions, and whether it complied with the procedural requirements for approval. Additionally, the Commission had to consider if the agreement was made in good faith and whether it addressed the needs of both the employer and the employees effectively.
The Commission found that the proposed agreement met the statutory requirements for approval. It satisfied the provisions of the Fair Work Act by providing for minimum wages and conditions, ensuring procedural fairness, and reflecting a balance of interests between the employer and the employees. The Commission acknowledged the agreement's provisions as fair and reasonable, taking into account the specific circumstances and needs of the Canning Vale bakery workforce. Consequently, the Commission approved the agreement, recognising its compliance with the legislative standards.
The Fair Work Commission ordered the approval of the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2017, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Fair Work Commission Registry, thereby formalising its status and ensuring it was legally binding for the parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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