DECISION

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

George Weston Foods Ltd T/A MAURI
(AG2020/2115)

MAURI WETHERILL PARK ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 25 AUGUST 2020

Application for approval of the MAURI Wetherill Park Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the MAURI Wetherill Park 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 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, George Weston Foods Limited trading as Mauri, sought approval of the MAURI Wetherill Park Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements under the Fair Work Act 2009. The Fair Work Commission's role in this matter was to determine whether the agreement met the statutory criteria for approval, including that it provided for the terms and conditions of employment and that it was appropriately certified.

The central legal issue before the Commission was whether the MAURI Wetherill Park Enterprise Agreement 2020 was an "appropriate agreement" as defined by the Fair Work Act. This involved examining whether the agreement provided for the terms and conditions of employment of the relevant employees, whether it was fairly negotiated, and whether it was appropriately certified. The Commission needed to ensure that the agreement did not adversely affect the right of employees to be represented by a relevant union, and that it did not include terms that were less favourable than the applicable minimum terms and conditions of employment.

The Fair Work Commission found that the agreement satisfied the statutory requirements for approval. The agreement was fairly negotiated and appropriately certified. It provided for the terms and conditions of employment in a manner that was consistent with the provisions of the Fair Work Act. The Commission also noted that the agreement did not adversely affect the right of employees to be represented by a relevant union, and that it did not include terms that were less favourable than the applicable minimum terms and conditions of employment. The Commission was satisfied that the agreement met the necessary criteria and approved it accordingly.

The Fair Work Commission approved the MAURI Wetherill Park Enterprise Agreement 2020. The Commission's decision was based on the finding that the agreement was fairly negotiated, appropriately certified, and met the statutory requirements for approval. The agreement was approved from the date it was registered, and the terms and conditions of employment set out in the agreement applied to the relevant employees.

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