DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GEORGE WESTON FOODS LTD T/A MAURI
(AG2017/692)

MAURI WETHERILL PARK ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 7 APRIL 2017

Application for approval of the MAURI Wetherill Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MAURI Wetherill Park Enterprise Agreement 2016 (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 Applicant 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2017. The nominal expiry date of the Agreement is 13 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, George Weston Foods Limited trading as Mauri, applied for an approval order in relation to the Mauri Wetherill Park Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of the applicant company. The Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for a fair and effective means of resolving disputes and provided for the protection of employees’ rights.

The primary issue before the Commission was whether the agreement provided for an effective and fair means of resolving disputes between the parties. The applicant argued that the agreement included provisions that would facilitate the resolution of disputes in a timely and efficient manner. The respondent, however, contended that the dispute resolution provisions were inadequate and did not provide for a fair and effective means of resolving disputes. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and whether it met the other requirements of the Act.

After considering the submissions of both parties, the Commission found that the dispute resolution provisions in the agreement were adequate and provided for a fair and effective means of resolving disputes. The Commission noted that the agreement included provisions for early conciliation and mediation, as well as provisions for arbitration and the involvement of a neutral third party in the dispute resolution process. The Commission also found that the agreement provided for the protection of employees' rights and met the other requirements of the Act. Accordingly, the Commission approved the agreement and made an approval order under section 232 of the Act.

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