George Weston Foods Limited trading as Tip Top Bakeries (Canning Vale)

[2022] FWCA 4132

[2022] FWCA 4132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Limited trading as Tip Top Bakeries (Canning Vale)

(AG2022/4549)

Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2022

Application for approval of the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2022 (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 trading as Tip Top Bakeries (Canning Vale). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The United 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 12(c) – Minimum Employment Period

·           Clause 23(A)(1) – Annual Leave

·           Clause 25(B)(2) – Personal / Carer’s Leave

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 17 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518302  PR748278>

Annexure A