DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2018/6217)

MAURI (VIC) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 6 MAY 2019

Application for approval of the MAURI (VIC) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MAURI (VIC) Enterprise Agreement 2018 (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 written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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 National Union of Workers 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. Despite clause 3 of the Agreement, the Agreement will operate from 13 May 2019, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved George Weston Foods Limited, trading as MAURI, and its employees. The dispute centred on the application for approval of the MAURI (VIC) Enterprise Agreement 2018. The employees, represented by a union, sought to ensure that the proposed agreement met all necessary legal standards and adequately represented their interests. The company argued that the agreement was fair and balanced, providing necessary benefits and protections for both parties.

The legal issues that required determination included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of procedural fairness, the bargaining process, and the substantive terms of the agreement. The commission needed to assess whether the agreement had been made in good faith, whether it covered all mandated topics, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the commission had to consider whether the agreement met the "better off overall test" and did not undermine the existing industrial awards.

The Fair Work Commission found that the proposed agreement met all the necessary legal requirements. It was satisfied that the agreement had been made in good faith, covered all mandated topics, and provided fair and reasonable terms and conditions. The commission also concluded that the agreement passed the "better off overall test," ensuring that employees would not be worse off under the agreement compared to their existing awards. The commission approved the MAURI (VIC) Enterprise Agreement 2018, thereby resolving the dispute in favour of the company.

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