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

[2014] FWCA 4652

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
(AG2014/6604)

TIP TOP BAKERIES DRY CREEK, RELIABILITY ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 JULY 2014

Application for approval of the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2014-2017 (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] 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.

[3] The Australian Workers’ Union (AWU), 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 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 case involves George Weston Foods Limited, trading as Tip Top Bakeries, and the Fair Work Commission. The nature of the dispute pertains to the approval of the Tip Top Bakeries Dry Creek Reliability Enterprise Agreement 2014-2017. The court responsible for this matter was the Fair Work Commission.

The legal issues that the Fair Work Commission was required to address included whether the agreement met the procedural fairness requirements outlined in section 232 of the Fair Work Act 2009, and whether the agreement was in the public interest, as required by section 233 of the Act. The central focus was on determining if the process leading to the agreement's creation was fair and if the terms of the agreement were reasonable and justifiable in the public interest.

The Fair Work Commission found that the agreement was procedurally sound and met the necessary requirements for approval. The Commission noted that while there were some concerns regarding the timing of certain communications, the overall process was fair. The Commission further determined that the terms of the agreement were reasonable and justifiable in the public interest, taking into account the economic climate, the employer's financial position, and the need to maintain industrial peace. The decision was based on a comprehensive analysis of the evidence presented, the submissions made by both parties, and the relevant legal framework.

The Fair Work Commission approved the Tip Top Bakeries Dry Creek Reliability Enterprise Agreement 2014-2017, confirming its compliance with the statutory requirements and its suitability in the public interest. This decision provided clarity and certainty for the parties involved and ensured that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established