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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved George Weston Foods Ltd, trading as MAURI, and its employees. The company sought approval for the MAURI (SA) Enterprise Agreement 2021. The primary dispute centred on the terms and conditions of employment, including wages, working hours, leave entitlements, and other workplace rights and obligations. The Fair Work Commission was tasked with assessing whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The key legal issues that the Commission had to address were whether the agreement was a "good faith" bargain, as required by the Fair Work Act, and if it provided a safety net of minimum entitlements for the employees. The Commission also considered whether the agreement met the "better off overall test," which requires that the overall terms and conditions of employment under the new agreement should be at least as good as those under the previous agreement or the applicable award. Furthermore, the Commission assessed whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the proposed agreement was a genuine attempt at a good faith bargain. The Commission determined that the agreement provided for a safety net of minimum entitlements and met the better off overall test. It concluded that the terms and conditions of employment under the agreement were at least as good as, and in some cases better than, those under the previous agreement or the applicable award. The Commission also found that the agreement appropriately balanced the interests of both parties. As a result, the Commission approved the MAURI (SA) Enterprise Agreement 2021.

George Weston Foods Ltd T/A MAURI

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established