DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Dry Creek
(AG2017/676)

TIP TOP BAKERIES DRY CREEK, CONSOLIDATED ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2017

Application for approval of the Tip Top Bakeries Dry Creek, Consolidated Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek, Consolidated Enterprise 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 Dry Creek. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 25 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, George Weston Foods Limited trading as Tip Top Bakeries Dry Creek, applied to the Fair Work Commission for the approval of the Tip Top Bakeries Dry Creek, Consolidated Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union, which represented some of the employees at the Dry Creek site. The dispute centred on various provisions of the proposed agreement, including those relating to classification, pay rates, and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, including whether it was in the best interests of the employees and did not unfairly disadvantage any group of employees.

The primary legal issues before the Commission involved the classification of employees under the proposed agreement and the adequacy of the pay rates and conditions offered. The Commission had to consider whether the classifications were reasonable and whether the proposed pay rates and conditions were fair and equitable. Additionally, the Commission examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the relevant industrial legislation.

In rendering its decision, the Commission found that the proposed agreement was fair and reasonable in its entirety. The Commission was satisfied that the classification structure was appropriate and that the pay rates and conditions offered were commensurate with industry standards. Furthermore, the Commission considered that the agreement provided for adequate dispute resolution mechanisms and complied with all relevant legislative requirements. Consequently, the Commission approved the Tip Top Bakeries Dry Creek, Consolidated Enterprise Agreement 2017, subject to the effective date being set by the Commission.

The Fair Work Commission approved the agreement and set the effective date. The approval was contingent on the agreement being ratified by the relevant employee body. The Commission also ordered that the agreement be registered with the Fair Work Commission and that all necessary steps be taken to give effect to 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