George Weston Foods Limited T/A Tip Top Bakeries Townsville

[2022] FWCA 556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Townsville

(AG2021/9377)

Tip Top Bakeries (Townsville) - Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2022

Application for approval of the Tip Top Bakeries (Townsville) - Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Townsville) - Enterprise Agreement 2022 (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 Townsville (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, George Weston Foods Limited trading as Tip Top Bakeries Townsville, sought approval from the Fair Work Commission for the Tip Top Bakeries (Townsville) - Enterprise Agreement 2022. The applicants were represented by counsel, and the Fair Work Ombudsman intervened to provide submissions regarding the fairness and compliance of the proposed agreement. The central issue before the commission was whether the enterprise agreement met the necessary standards for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for employees, and whether it was free from prohibited content.

The commission considered various aspects of the enterprise agreement, including pay rates, working conditions, and procedural fairness. It examined submissions from both the applicants and the intervener, focusing on the fairness of the agreement's provisions and their compliance with relevant laws. The commission assessed whether the agreement provided adequate protections for employees, including provisions for minimum wage rates, penalty rates, and reasonable working hours. The commission also reviewed the agreement's dispute resolution mechanisms and whether they were fair and effective. After careful consideration of the evidence and submissions, the commission found that the enterprise agreement met the requirements for approval under the Fair Work Act.

The commission concluded that the enterprise agreement provided for fair and reasonable terms and conditions for employees, and it was free from prohibited content. The commission found that the agreement included provisions for minimum wage rates, penalty rates, and reasonable working hours, and that it provided adequate protections for employees. The commission also found that the agreement's dispute resolution mechanisms were fair and effective. The commission approved the enterprise agreement, subject to certain conditions, including the requirement that the applicants provide a copy of the agreement to the Fair Work Ombudsman within 28 days of the approval order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established