DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited T/A Weston Animal Nutrition (Bentley)
(AG2018/273)

WESTON ANIMAL NUTRITION (BENTLEY) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2018

Application for approval of the Weston Animal Nutrition (Bentley) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Weston Animal Nutrition (Bentley) Enterprise Agreement 2018 (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 Weston Animal Nutrition (Bentley). 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] The Australian Workers’ Union 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 7 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of George Weston Foods Limited, trading as Weston Animal Nutrition (Bentley), a Fair Work Commission application was made for the approval of the Weston Animal Nutrition (Bentley) Enterprise Agreement 2018. The parties involved in the agreement were the employer, George Weston Foods Limited, and the trade union, the Retail and Fast Food Workers Union of Victoria, Australian Workers Union. The dispute centred around the terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters as stipulated in the proposed enterprise agreement.

The legal issues before the court required determination on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement met the criteria for being a "better off overall test" (BOOT), meaning that the employees would be better off with the proposed agreement than under the applicable awards. The court also needed to consider if the agreement was made in good faith, involved sufficient consultation, and did not discriminate against any group of employees.

The court found that the proposed enterprise agreement complied with the statutory requirements. It satisfied the BOOT, provided fair and reasonable terms and conditions for the employees, and was made in good faith. The employer had engaged in sufficient consultation with the union, and the agreement did not contain any discriminatory provisions. Therefore, the court approved the Weston Animal Nutrition (Bentley) Enterprise Agreement 2018, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

George Weston Foods Limited T/A Weston Animal Nutrition (Bentley)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established