DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Dry Creek
(AG2020/1151)

TIP TOP BAKERIES DRY CREEK, RELIABILITY ENTERPRISE AGREEMENT 2020-2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 5 MAY 2020

Application for approval of the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2020-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods Limited T/A Tip Top Bakeries Dry Creek (the Applicant). The agreement is a single enterprise agreement.

[2] The Australian Workers’ Union, 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.

[3] 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.

[4] The Agreement is approved and despite clause 1.4 which states that the Agreement will operate from 25 February 2020, in accordance with s.54 of the Act, the Agreement will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of George Weston Foods Limited T/A Tip Top Bakeries Dry Creek, the Fair Work Commission was tasked with considering the application for approval of the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2020-2022. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included ensuring the agreement met the standards of genuine enterprise bargaining, and did not include terms that were contrary to public policy or detrimental to employees.

The primary legal issues the court addressed were whether the proposed agreement adhered to the procedural requirements for enterprise agreements, and whether the terms within the agreement were fair and reasonable. This involved scrutinising the process by which the agreement was negotiated and whether it complied with the necessary steps for genuine enterprise bargaining. Additionally, the court examined whether any of the terms within the agreement contravened public policy or had an unfair impact on the employees.

In delivering its decision, the Fair Work Commission found that the negotiation process for the agreement was valid and met the necessary requirements of genuine enterprise bargaining. The Commission considered the evidence presented regarding the negotiation process, the engagement of employees in the bargaining process, and the good faith efforts of both parties. The Commission also concluded that the terms within the agreement were fair and reasonable, and did not contravene any public policy considerations. Consequently, the Fair Work Commission approved the Tip Top Bakeries Dry Creek, Reliability Enterprise Agreement 2020-2022.

The Fair Work Commission’s approval of the enterprise agreement will now be effective, governing the employment terms and conditions of the employees at Tip Top Bakeries Dry Creek for the period specified in the agreement. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the ongoing employment relationship between the employer and employees.

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