George Weston Foods Limited T/A Tip Top Bakeries Victoria

[2019] FWCA 1479

[2019] FWCA 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakeries Victoria
(AG2019/61)

TIP TOP BAKERIES (VICTORIA) MERCHANDISERS AGREEMENT 2018

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2019

Application for approval of the Tip Top Bakeries (Victoria) Merchandisers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Victoria) Merchandisers Agreement 2018 (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.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 8 November 2021.

COMMISSIONER

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Annexure A