DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Tip Top
(AG2017/6528)

TIP TOP CAPALABA 2018 AGREEMENT

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JANUARY 2018

Application for approval of the Tip Top Capalaba 2018 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Capalaba 2018 Agreement (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. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 24 December 2020

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved George Weston Foods Limited trading as Tip Top and various employees represented by the Food and Allied Industry Workers Union. The matter centred around the approval of the Tip Top Capalaba 2018 Agreement, which sought to establish new terms and conditions of employment for the workers. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues that the Commission had to resolve included whether the agreement had been made in good faith, whether it included all required minimum terms and conditions, and whether it had been fairly negotiated. Additionally, the Commission had to consider whether the agreement provided for a genuine enterprise bargaining agreement that was in the best interests of the employees and employers.

The Commission examined the evidence presented by both parties, including the negotiations process and the terms of the proposed agreement. It assessed whether the agreement was made without coercion or pressure and whether it provided fair and reasonable terms for the employees. The Commission also considered the views of the employees and whether their interests were adequately represented and protected within the agreement. After reviewing all the evidence, the Commission concluded that the Tip Top Capalaba 2018 Agreement met the necessary requirements for approval. The Commission found that the agreement was made in good faith, included all the required minimum terms and conditions, and had been fairly negotiated. The agreement was also deemed to be in the best interests of the employees and employers involved.

Based on its findings, the Commission approved the Tip Top Capalaba 2018 Agreement. The agreement now sets out the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, leave entitlements, and dispute resolution processes. The decision provides clarity and certainty for both the employer and the employees, ensuring that they are governed by a legally binding agreement that has been approved by the Fair Work Commission. The Commission's approval signifies that the agreement is fair and reasonable, and it provides a framework for the ongoing relationship between the employer and the employees.

George Weston Foods Limited T/A Tip Top

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established