DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2020/1519)

MAURI (CAMELLIA) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 18 JUNE 2020

Application for approval of the MAURI (Camellia) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MAURI (Camellia) Enterprise Agreement 2019 (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 MAURI. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2020. The nominal expiry date of the Agreement is 25 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as MAURI, sought the Fair Work Commission's approval of the MAURI (Camellia) Enterprise Agreement 2019. The agreement in question was entered into between the applicant and the relevant union, and the dispute centred on whether the agreement met the necessary legal standards for approval. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement adequately protected the interests of employees and whether it met the requirements for procedural fairness. The Commission had to assess whether the agreement contained all the necessary minimum terms and conditions, including pay rates, hours of work, and other employment terms. Additionally, the Commission had to consider whether the agreement was made in good faith and whether proper consultation processes were followed.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms. The Commission noted that the agreement contained all the necessary minimum terms and conditions, and it met the requirements for procedural fairness. The Commission was satisfied that the agreement was made in good faith and that proper consultation processes were followed. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the MAURI (Camellia) Enterprise Agreement 2019, recognising it as a valid and binding agreement between the applicant and the union. The Commission's decision affirmed the agreement's compliance with the Fair Work Act 2009, ensuring that it adequately protected the interests of the employees involved.

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