George Weston Foods Ltd T/A MAURI

[2021] FWCA 1743

[2021] FWCA 1743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2021/4260)

MAURI (SA) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 1 APRIL 2021

Application for approval of the MAURI (SA) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MAURI (SA) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods Ltd T/A MAURI (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 26 March 2021.

[3] The Applicant has submitted an undertaking in the required form dated 31 March 2021. The undertaking deals with the following topics:

•  Redundancy pay for all employees with at least one year but less than two years’ continuous service with the Company has been brought in line with the National Employment Standards (NES).

•  The Company must make an application to the Fair Work Commission to vary the amount of redundancy pay payable to an Employee if the Company finds acceptable alternative employment for the Employee, in line with s.120 of the Act.

•  The period of notice requirements will not apply only to an employee whose employment is terminated because of serious misconduct.

•  Deductions in respect of employees who fail to give the required notice will only be made from wages in accordance with s.324(1)(c) of the Act.

•  Casual employees will be paid for a minimum of four consecutive hours’ work.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 April 2024.

COMMISSIONER

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