George Weston Foods Ltd T/A Mauri

[2024] FWCA 1833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A Mauri

(AG2024/1517)

MAURI (SA) ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 20 MAY 2024

Application for approval of the Mauri (SA) Enterprise Agreement 2024

George Weston Foods Ltd T/A Mauri has applied for approval of an enterprise agreement known as the Mauri (SA) Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that Clause 29.8 may be inconsistent with the National Employment Standards as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act. The Agreement gives precedence to the National Employment Standards at Clause 6.2 of the Agreement, so I am satisfied that the more beneficial entitlements of the National Employment Standards will prevail.

Subject to the above matters I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union, 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 27 May 2024.

In accordance with Clause 3, the nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, George Weston Foods Ltd trading as Mauri applied for approval of the Mauri (SA) Enterprise Agreement 2024. The applicant sought to have the enterprise agreement registered with the Fair Work Commission under section 236 of the Fair Work Act 2009. The application arose after the applicant and a number of unions, who represented the employees, had reached an agreement on the terms and conditions of employment for certain employees.

The legal issues the court had to decide included whether the agreement had been made in accordance with the statutory requirements of the Fair Work Act, and whether the agreement met the "better off overall test". The court had to consider whether the agreement provided employees with conditions that were no worse than the applicable awards and whether the agreement contained appropriate dispute resolution provisions. The court also had to assess whether the agreement met the requirements for approval under section 235 of the Fair Work Act.

The Fair Work Commission found that the agreement met the statutory requirements of the Fair Work Act and passed the "better off overall test". The agreement contained appropriate dispute resolution provisions and provided employees with conditions that were no worse than the applicable awards. The court approved the agreement, noting that it provided a number of benefits to employees, including increased wages and improved working conditions. The court found that the agreement was in the best interests of the employees and the employer and was therefore approved under section 236 of the Fair Work Act.

The Fair Work Commission approved the Mauri (SA) Enterprise Agreement 2024, which will now be registered with the Commission and will apply to the employees covered by the agreement. The approval of the agreement ensures that the employees will receive the benefits outlined in the agreement, and the employer will be bound by the terms and conditions of the agreement. The decision of the Fair Work Commission is final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established