DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Top Taste Kedron
(AG2016/744)

GEORGE WESTON FOODS LIMITED CAKE ENTERPRISE AGREEMENT - 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 MAY 2016

Application for approval of the George Weston Foods Limited Cake Enterprise Agreement - 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the George Weston Foods Limited Cake Enterprise Agreement - 2016-2019 (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 Top Taste Kedron. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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.

[6] The Agreement was approved on 20 May 2016 and, in accordance with s.54, will operate from 27 May 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

George Weston Foods Limited, trading as Top Taste Kedron, was the applicant in a recent decision of the Fair Work Commission. The applicant sought approval for the Cake Enterprise Agreement 2016-2019, which was intended to regulate the employment terms and conditions of its employees. The application was opposed by the Australian Manufacturing Workers' Union, which represented some of the employees. The union argued that the agreement did not meet certain statutory requirements and was not fairly negotiated.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections relating to the procedural fairness of the negotiation process and the substantive fairness of the agreement's terms. The Commission had to determine if the applicant had appropriately engaged with the union during the negotiation process and if the agreement's terms were reasonable in all respects. The union's opposition focused on several areas, including the agreement's provisions on shift work, overtime, and the classification of employees.

The Fair Work Commission examined the evidence provided by both parties, including testimonies from the applicant's representatives and the union. The Commission assessed the fairness of the negotiation process, considering the extent of the applicant's engagement with the union and the union's access to relevant information. After evaluating the evidence, the Commission concluded that the negotiation process was generally fair, as the applicant had provided adequate information and engaged with the union in good faith. Regarding the substantive fairness of the agreement, the Commission found that the terms were reasonable, taking into account the nature of the enterprise and the bargaining positions of the parties.

In light of the above, the Fair Work Commission approved the Cake Enterprise Agreement 2016-2019, rejecting the union's objections. The Commission ordered that the agreement be registered and enforceable as of the date of the decision, ensuring that the employees' terms and conditions of employment would be governed by the agreement for the specified period.

George Weston Foods Limited T/A Top Taste Kedron

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established