DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2018/2489)

MAURI (QLD) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the MAURI (Qld) 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, 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 Voice 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 28 November 2018. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of George Weston Foods Ltd trading as MAURI, an application was brought before the Fair Work Commission for the approval of the MAURI (Qld) Enterprise Agreement 2017. The parties involved were George Weston Foods Ltd, as the employer, and the relevant unions, acting as the employee representatives. The primary nature of the dispute centred around the terms and conditions of employment stipulated in the proposed enterprise agreement, including wages, working hours, leave entitlements, and other employment-related matters.

The legal issues that the Fair Work Commission was required to decide involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement provided for the terms and conditions of employment that were no worse off financially than the applicable award or safety net award, and whether it included provisions for the protection of vulnerable employees. Furthermore, the Commission had to ensure that the agreement was genuinely negotiated and not imposed, and that it complied with the procedural requirements outlined in the Act.

The Fair Work Commission, after considering the submissions from both parties and reviewing the contents of the proposed agreement, determined that the MAURI (Qld) Enterprise Agreement 2017 met the necessary criteria for approval. The Commission found that the agreement provided for the terms and conditions of employment that were no worse off financially than the applicable award or safety net award, and included provisions for the protection of vulnerable employees. The Commission also found that the agreement was genuinely negotiated and complied with the procedural requirements of the Act. Consequently, the Fair Work Commission approved the MAURI (Qld) Enterprise Agreement 2017, making it a legally binding document between the employer and the relevant unions.

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