DECISION

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

George Weston Foods Ltd T/A MAURI
(AG2020/2122)

MAURI - (ENFIELD) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 SEPTEMBER 2020

Application for approval of the MAURI - (Enfield) Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the MAURI – (Enfield) Enterprise Agreement 2020 (‘the Agreement’). The application was made by George Weston Foods Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, George Weston Foods Ltd trading as MAURI, sought the Fair Work Commission’s approval of the MAURI (Enfield) Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers Union. The applicants sought to implement changes to the enterprise agreement that would affect the terms and conditions of employment of their employees. The central dispute was whether the proposed changes to the agreement complied with the Fair Work Act 2009, particularly in terms of providing adequate protections to employees.

The court had to decide if the proposed changes in the enterprise agreement complied with the statutory requirements under the Fair Work Act. This included examining whether the agreement was fairly negotiated and if it provided for the minimum entitlements prescribed by the Act. The court also needed to consider the impact of the changes on the employees' rights and if the agreement adequately protected the employees’ interests.

The court found that the agreement was fairly negotiated and met the requirements of the Fair Work Act. The changes proposed were deemed to be in the best interests of the employees as they provided for improved terms and conditions, while still meeting the minimum standards set by the Act. The court also noted that the agreement provided adequate protections for the employees, ensuring their rights were not adversely affected by the changes.

The Fair Work Commission approved the MAURI (Enfield) Enterprise Agreement 2020. The court determined that the agreement was compliant with the Fair Work Act and that the applicants had met their obligations in negotiating the changes with the employees' representatives.

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