George Weston Foods Ltd T/A DON KRC

[2018] FWCA 6965

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A DON KRC

(AG2018/3387)

Castlemaine (Processing and Logistics) Enterprise Agreement 2018

Meat Industry
Commissioner McKinnon	MELBOURNE, 22 NOVEMBER 2018

Application for approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Castlemaine (Processing and Logistics) 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 Ltd T/A DON KRC. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. 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.

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.

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.

The Australasian Meat Industry Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2018. The nominal expiry date of the Agreement is 21 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd, trading as DON KRC, sought the court's approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2018. This enterprise agreement was made between the applicant and the union representing the employees. The union argued that the agreement should not be approved because it contained provisions that were not consistent with the Fair Work Act 2009. The union contended that certain clauses relating to the employees' working hours and shift patterns did not comply with the provisions of the Act.

The primary legal issue before the court was whether the provisions in question were consistent with the Fair Work Act 2009. The court had to consider whether the provisions met the requirements for being an “individual flexible working arrangement” as outlined in the Act. The union argued that the provisions were not consistent because they did not allow for individual negotiations and did not provide adequate protections for the employees. The applicant contended that the provisions were consistent and were necessary to allow for flexible working arrangements that would benefit both the employees and the company.

The court found that the provisions in question were consistent with the requirements of the Act. The court held that the provisions allowed for individual flexible working arrangements and provided adequate protections for the employees. The court found that the provisions did not prevent individual negotiations and allowed for flexibility in the employees' working hours and shift patterns. The court approved the enterprise agreement, finding that it met the requirements of the Act.

The court ordered that the Castlemaine (Processing and Logistics) Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The union's objections were dismissed, and the applicant's application for approval of the enterprise 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