DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top Bakery (Springwood)
(AG2019/1714)

TIP TOP BAKERY (SPRINGWOOD) - ENTERPRISE AGREEMENT 2018 - 21

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2019

Application for approval of the Tip Top Bakery (Springwood) - Enterprise Agreement 2018-21.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakery (Springwood) - Enterprise Agreement 2018-21 (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 Bakery (Springwood). 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 United Voice (UV) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 23 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504520 PR710502>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, George Weston Foods Limited, trading as Tip Top Bakery (Springwood), applied for the approval of the Tip Top Bakery (Springwood) Enterprise Agreement 2018-21. The application was made under section 230 of the Fair Work Act 2009. The application was contested by the Australian Bakery and Confectionery Workers Union, who argued that the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This involved examining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the process of making the agreement was fair and reasonable. The Commission also needed to assess whether the agreement provided for appropriate mechanisms for dispute resolution and the resolution of issues arising under the agreement.

The Commission determined that the Enterprise Agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The process for making the agreement was deemed to be fair and reasonable, with adequate consultation and negotiation between the parties. The Commission found that the agreement provided for adequate mechanisms for dispute resolution and addressed the key issues pertinent to the employees. Consequently, the Commission approved the agreement, finding that it met the statutory requirements.

The Commission's final order was to approve the Tip Top Bakery (Springwood) Enterprise Agreement 2018-21, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the period specified.

George Weston Foods Limited T/A Tip Top Bakery (Springwood)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established