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

[2022] FWCA 2445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1954)

Tip Top Bakery (Springwood) - Enterprise Agreement 2021-24

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 22 JULY 2022

Application for approval of the Tip Top Bakery (Springwood) - Enterprise Agreement 2021-24

An application has been made for approval of an enterprise agreement known as the Tip Top Bakery (Springwood) - Enterprise Agreement 2021-24 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

George Weston Foods Limited, trading as Tip Top Bakery (Springwood), applied for approval of an enterprise agreement for the period 2021-24. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval under the Act, specifically whether it contained the necessary provisions for employee protections and whether it was fairly negotiated.

The legal issues before the FWC included whether the agreement provided adequate safeguards for employees, including minimum wages and conditions, and whether it was negotiated in good faith. The application also raised questions about the compliance of the agreement with the FWC's guidelines on enterprise agreements and the requirements for transparency and fairness in the negotiation process. Additionally, the FWC considered whether the agreement addressed any significant changes in the workplace environment and the potential impact on employees.

In determining the application, the FWC examined the provisions of the proposed agreement, the bargaining process, and the submissions from the parties involved. The FWC concluded that the agreement contained the necessary protections for employees and was fairly negotiated. The Commission found that the agreement complied with the statutory requirements and was consistent with the principles of good faith bargaining and fairness. The FWC also noted that the agreement addressed the changing needs of the workplace and provided for the fair treatment of employees. Based on these findings, the FWC approved the Tip Top Bakery (Springwood) Enterprise Agreement 2021-24.

The FWC's final orders included the approval of the enterprise agreement, which will now govern the employment conditions for employees at the Springwood bakery for the specified period. The decision sets a precedent for similar agreements in the industry and reinforces the importance of adhering to the statutory framework for enterprise agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established