George Weston Foods Limited T/A Tip Top Bakeries Townsville

[2013] FWCA 535

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 Townsville
(AG2012/12655)

GEORGE WESTON FOODS (TIP TOP TOWNSVILLE) ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 22 JANUARY 2013

Application for approval of the George Weston Foods (Tip Top Townsville) Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the George Weston Foods (Tip Top Townsville) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods Limited T/A Tip Top Bakeries Townsville.

[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 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by George Weston Foods Limited, trading as Tip Top Bakeries Townsville, for the approval of the George Weston Foods (Tip Top Townsville) Enterprise Agreement 2012. The application was made under section 232 of the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the enterprise agreement. The dispute centred around the terms and conditions of employment for the employees at the Townsville bakery, and whether the proposed agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, whether it contained the required minimum terms as set out in the Fair Work Act, and whether the agreement had been genuinely agreed upon by the parties. Additionally, the Commission needed to determine if the agreement included appropriate dispute resolution mechanisms and if it complied with the procedural requirements for registration. The Commission also examined whether the agreement appropriately balanced the interests of the employees and the employer.

The Fair Work Commission examined the evidence provided by both parties and assessed the terms of the agreement. The Commission found that the agreement met the necessary criteria for approval. It was a bona fide enterprise agreement that included the required minimum terms and had been genuinely agreed upon. The agreement contained appropriate dispute resolution mechanisms and complied with the procedural requirements for registration. The Commission was satisfied that the agreement appropriately balanced the interests of the employees and the employer, and therefore approved the application for the enterprise agreement's registration.

The Fair Work Commission approved the application and registered the George Weston Foods (Tip Top Townsville) Enterprise Agreement 2012 under section 232 of the Fair Work Act 2009. This decision provided certainty and stability for the employees and employer in relation to their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established