DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2018/2832)

MAURI (SA) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the MAURI (SA) 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, 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 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is
15 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mauri, a business operated by George Weston Foods Limited, sought approval for the MAURI (SA) Enterprise Agreement 2018. The application was brought before the Commission to determine if the agreement met the necessary requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately covered all mandated topics, complied with procedural fairness, and was genuinely negotiated between the parties.

The key legal issues the Commission had to resolve were whether the agreement was made in accordance with the procedural fairness requirements and whether it contained all the necessary terms and conditions as mandated by the Fair Work Act. Additionally, the Commission had to ascertain if the agreement was genuinely negotiated between the parties and if it complied with the standards set for enterprise agreements under the Act.

The Commission found that the agreement was procedurally fair and genuinely negotiated, as it was supported by evidence of discussions and bargaining between the parties. The Commission also determined that the agreement contained all the required terms and conditions and complied with the Fair Work Act. Given these findings, the Commission approved the MAURI (SA) Enterprise Agreement 2018, ensuring that it would serve as a valid framework for the employment conditions of the relevant workers.

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