George Weston Foods Ltd T/A MAURI

[2018] FWCA 4726

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI

(AG2018/1717)

MAURI (Toowoomba) Union Collective Agreement 2018

Food, beverages and tobacco manufacturing industry
Commissioner Gregory	MELBOURNE, 10 AUGUST 2018

Application for approval of the MAURI (Toowoomba) Union Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the MAURI (Toowoomba) Union Collective 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter before the Fair Work Commission, the case involved George Weston Foods Ltd trading as MAURI, a company, and the relevant union representing its employees. The dispute centred on the application for approval of the MAURI (Toowoomba) Union Collective Agreement 2018. The union had entered into this agreement with the company, seeking its formal endorsement by the Commission to ensure its enforceability and to provide a framework for the terms and conditions of employment for the workers.

The primary legal issue that the Commission had to address was whether the terms and conditions outlined in the collective agreement complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement adhered to the principles of the safety net, promoted productivity and efficiency, and was otherwise in the best interests of the employees and the company. Additionally, the Commission had to consider whether the agreement appropriately balanced the rights and interests of both parties, including the union's bargaining rights and the company's operational needs.

In delivering its decision, the Commission thoroughly reviewed the terms of the agreement, assessing them against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement met the legislative standards and provided a fair and reasonable framework for employment. It determined that the agreement was in line with the principles of the safety net and did not undermine the basic entitlements of employees. Furthermore, the Commission was satisfied that the agreement would promote productivity and efficiency within the company while ensuring that the rights and interests of both the union and the employer were adequately protected.

Consequently, the Commission approved the MAURI (Toowoomba) Union Collective Agreement 2018. The approval ensures that the agreement is legally binding and enforceable, providing a clear and stable framework for the employment relationship between George Weston Foods Ltd and the union. The final orders confirm the agreement's validity and enforceability, allowing both parties to operate within the agreed terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established