DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Limited T/A Top Taste
(AG2015/3179)

"GEORGE WESTON FOODS LIMITED CAKE ENTERPRISE AGREEMENT - 2015-2016"

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 JULY 2015

Application for approval of the “George Weston Foods Limited Cake Enterprise Agreement - 2015-2016”.

[1] An application has been made for approval of an enterprise agreement known as the “George Weston Foods Limited Cake Enterprise Agreement - 2015-2016”. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 July 2015. The nominal expiry date of the Agreement is 30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

George Weston Foods Limited, trading as Top Taste, applied to the Fair Work Commission for approval of the "George Weston Foods Limited Cake Enterprise Agreement - 2015-2016." The agreement aimed to establish the terms and conditions of employment for employees within the company. The application was brought before the Fair Work Commission, the primary body responsible for regulating employment conditions and disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally valid, substantively fair, and met the "better off overall test," ensuring that no employee would be worse off under the agreement than they would be under the applicable awards or agreements. The Commission also needed to consider if the agreement was consistent with the principles of enterprise bargaining and if it adhered to the requirements for enterprise agreements under the Fair Work Act.

The Commission carefully examined the evidence and submissions presented by the parties. It found that the agreement was procedurally valid, as it had been negotiated in good faith and followed the required processes. The Commission also determined that the agreement was substantively fair, meeting the better off overall test and adhering to the principles of enterprise bargaining. The terms and conditions set out in the agreement were deemed reasonable and appropriate for the employees of George Weston Foods Limited. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the "George Weston Foods Limited Cake Enterprise Agreement - 2015-2016," and the agreement became legally binding on the parties involved. The approval ensured that the terms and conditions of employment set out in the agreement would apply to the employees of George Weston Foods Limited for the specified period.

George Weston Foods Limited T/A Top Taste

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established