George Weston Foods Ltd T/A MAURI

Case [2019] FWCA 63


[2019] FWCA 63
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2018/5097)

MAURI - (ENFIELD) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 7 JANUARY 2019

Application for approval of the MAURI - (Enfield) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MAURI - (Enfield) Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 January 2019 and, in accordance with s.54, will operate from 14 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Annexure A

Details
AGLC
George Weston Foods Ltd T/A MAURI [2019] FWCA 63
Case
[2019] FWCA 63
Decision Date

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as MAURI, applied for approval of the MAURI (Enfield) Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which must approve the agreement before it can be registered under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith, and it contained terms and conditions of employment that were fair and reasonable.

The legal issues before the court were whether the agreement had been made in good faith, and whether the terms and conditions of employment were fair and reasonable. The applicant submitted that the agreement was made in good faith, and that it contained terms and conditions of employment that were fair and reasonable. The applicant also argued that the agreement provided for a modern and efficient workplace, and that it provided for a fair and equitable distribution of benefits and burdens between the parties.

The court found that the agreement had been made in good faith, and that it contained terms and conditions of employment that were fair and reasonable. The court noted that the agreement provided for a modern and efficient workplace, and that it provided for a fair and equitable distribution of benefits and burdens between the parties. The court also noted that the agreement provided for a range of protections for employees, including protections against unfair dismissal, and protections for employees who were pregnant or breastfeeding. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009, and it approved the agreement.

The court ordered that the MAURI (Enfield) Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The applicant was also ordered to take all necessary steps to give effect to the agreement, and to ensure that it was complied with by all parties. The applicant was further ordered to provide a copy of the approved agreement to the Fair Work Ombudsman, and to any other person who requested a copy.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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