George Weston Foods Limited T/A Tip Top Bakeries Victoria

[2021] FWCA 4686

[2021] FWCA 4686

FAIR WORK COMMISSION

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

<AE512569  PR732385>

Annexure A