DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Dry Creek
(AG2018/7364)

TIP TOP BAKERIES DRY CREEK CONSOLIDATED ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2019

Application for approval of the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2019

[1] George Weston Foods Limited T/A Tip Top Bakeries Dry Creek has made an application for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s 54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 25 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by George Weston Foods Limited, trading as Tip Top Bakeries Dry Creek. The company sought approval of the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2019. The dispute arose from negotiations between the employer and the union representing the employees, resulting in the proposed enterprise agreement. The Fair Work Commission, under the Fair Work Act 2009, was tasked with examining whether the agreement met the requirements for approval and whether it complied with the provisions of the Act.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and whether it was made in good faith. Additionally, the Commission needed to determine if the agreement complied with the procedural requirements, including proper notification and consultation processes. The fairness and reasonableness of the terms and conditions of the agreement were also scrutinized to ensure they were not unduly harsh, oppressive, or discriminatory.

In assessing the application, the Fair Work Commission considered the evidence and submissions from both parties. The Commission noted that the agreement contained all the mandatory terms as stipulated by the Act and was made in good faith. The procedural requirements were met, with proper notification and consultation processes observed. The terms and conditions of the agreement were deemed to be fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the overall economic circumstances. Based on these findings, the Commission approved the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2019.

The final orders of the Fair Work Commission were that the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions of the agreement are legally binding on the employer and the employees covered by the agreement.

George Weston Foods Limited T/A Tip Top Bakeries Dry Creek

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established