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

[2014] FWCA 5225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Dry Creek
(AG2014/6852)

TIP TOP BAKERIES DRY CREEK CONSOLIDATED ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 AUGUST 2014

Application for approval of the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2014 (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] An undertaking has been provided in the following terms:

“George Weston Foods limited confirms the; Russell SuperSolutions Superannuation Fund - Accumulation category Superannuation fund listed in clause 4.13 of the Tip Top (Dry Creek) Consolidated Enterprise Agreement 2014 as the company default fund is a My Super Product.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I also note the advice of 13 August 2014, that the wages element of the Agreement is operative from 25 February 2014.

[5] 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.

[6] 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) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2014. The nominal expiry date of the Agreement is 24 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, George Weston Foods Limited trading as Tip Top Bakeries Dry Creek, sought approval of the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2014 from the Fair Work Commission. This application followed negotiations between the applicant and the union representing the employees, resulting in a proposed agreement that required formal endorsement. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether it complied with relevant industrial laws.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. Additionally, the Commission needed to consider whether the agreement met the requirements for being a single, integrated agreement, as mandated by the legislation.

In delivering its decision, the Commission examined the submissions from both parties and the content of the proposed agreement. It found that the agreement was comprehensive and covered all necessary terms and conditions of employment. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees and had been made in good faith. Furthermore, it confirmed that the agreement was a single, integrated agreement as required by the Act. Based on these findings, the Commission approved the Tip Top Bakeries Dry Creek Consolidated Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established