George Weston Foods Ltd

[2013] FWCA 3417

FAIR WORK COMMISSION

DECISION

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

George Weston Foods Ltd
(AG2013/6395)

WESTON MILLING (QLD) ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 3 JUNE 2013

Application for approval of the Weston Milling (QLD) Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Weston Milling (QLD) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2013. The nominal expiry date of the Agreement is 27 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of George Weston Foods Limited, the applicant sought approval of the Weston Milling (QLD) Enterprise Agreement 2012. The respondent, the Queensland Council of Unions, raised objections to the proposed agreement, arguing that it did not sufficiently protect the rights and conditions of the employees. The case was heard in the Fair Work Commission.

The central legal issues before the court involved whether the agreement was fair and reasonable in terms of the employees' rights and conditions, and whether it complied with the requirements of the Fair Work Act 2009. The court had to assess whether the agreement provided for a minimum rate of pay and conditions that were no less favourable than those provided by the relevant award or safety net award, and whether the agreement was genuinely negotiated.

The court found that the agreement did indeed provide for minimum rates of pay and conditions that were no less favourable than those provided by the relevant award. The court was satisfied that the agreement was genuinely negotiated, with evidence of meaningful consultation and negotiation between the parties. The court also considered the specific provisions of the agreement and found that they were fair and reasonable in the context of the industry and the bargaining process. As a result, the court approved the agreement, rejecting the objections raised by the respondent.

The final orders of the court were that the Weston Milling (QLD) Enterprise Agreement 2012 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered in the Fair Work Commission's Register of Registered Agreements. The respondent's objections to the agreement were dismissed, and the applicant's application for approval of the agreement was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established