DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Victoria
(AG2021/5824)

TIP TOP BAKERIES OPERATIONS (VICTORIA) AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2021

Application for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Operations (Victoria) Agreement 2021 (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 Victoria. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.4 – Non-attendance/Absence from Duty.

• Clause 17.4.2 – Notice of termination by an Employee.

• Clause 30.9.1 – Carer's leave (further information).

• Clause 34.7 and 34.8 – Jury Service.

• Clause 39.1.3 – Public Holidays.

However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement lodged contained numerical errors in clause numbering at clauses 38 – 41. On 25 June 2021, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of George Weston Foods Limited, trading as Tip Top Bakeries Victoria, a dispute arose concerning the approval of the Tip Top Bakeries Operations (Victoria) Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement should be certified as a simple, low-paid, or specialised agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly focusing on the provisions regarding wage rates and conditions for employees within the organisation.

The legal issues before the commission involved assessing the nature of the agreement and whether it complied with the statutory requirements for approval. Specifically, the commission needed to determine whether the agreement was a simple, low-paid, or specialised agreement, and whether the provisions within the agreement adhered to the relevant sections of the Fair Work Act. Furthermore, the commission had to consider whether the agreement provided adequate protections for employees and if it was made in good faith and without coercion.

The commission examined the provisions of the agreement and the context in which it was made. It found that the agreement was a simple agreement as it did not cover more than one enterprise or more than one employer, and it was not a low-paid or specialised agreement. The commission also considered the fairness and reasonableness of the agreement's provisions, taking into account the interests of both the employer and the employees. After thorough analysis, the commission concluded that the agreement met the necessary criteria for approval and was in the best interests of the employees. Consequently, the commission certified the agreement, allowing it to come into effect.

The final orders of the commission were to approve the Tip Top Bakeries Operations (Victoria) Agreement 2021 as a simple agreement, providing the necessary protections for employees while also considering the interests of the employer. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees within the organisation.

George Weston Foods Limited T/A Tip Top Bakeries Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established