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

[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

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.

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.

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 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.

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.

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

Annexure A

CaseChat Overview and Summary

In the case of George Weston Foods Limited, trading as Tip Top Bakeries (Canning Vale), the Fair Work Commission was called upon to approve the Bakehouse Agreement 2022. The agreement, which was proposed by the employer, sought to establish the terms and conditions of employment for the workforce at the Canning Vale bakehouse. The application for approval was contested by the union representing the employees, the Bakery, Confectionery, Tobacco Workers' Union of Australia. The dispute centred on various provisions of the agreement, particularly those concerning pay rates, shift patterns, and employee entitlements.

The key legal issues before the Commission involved the fairness and appropriateness of the proposed terms, including whether they provided for the minimum entitlements as mandated by the Fair Work Act 2009. The union argued that certain clauses of the agreement did not adequately protect employee rights and were not in line with industry standards. The employer, on the other hand, maintained that the proposed terms were fair and reasonable, and represented a balanced approach to the needs of both parties.

The Commission considered the arguments presented by both the union and the employer, examining the content of the agreement in light of relevant legislative provisions and established industry practices. After careful deliberation, the Commission determined that the proposed Bakehouse Agreement 2022 met the necessary criteria for approval. The agreement was deemed to be fair and reasonable, providing for the minimum entitlements required by law while also accommodating the practical needs of the business. The Commission found that the terms were a genuine attempt to establish a fair and equitable working environment.

The final orders of the Commission were that the Bakehouse Agreement 2022 be approved and registered with the Fair Work Commission. The agreement will now form the basis for the terms and conditions of employment for the workforce at the Canning Vale bakehouse, effective from the date of registration. The union's right to object to the registration of the agreement was upheld, allowing for the continued scrutiny and protection of employee rights under the new agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established