DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2016/7737)

MAURI (NORTHAM) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the MAURI (Northam) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MAURI (Northam) 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 28 February 2017 and, in accordance with s.54, will operate from 7 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, George Weston Foods Limited trading as MAURI, applied for the approval of the MAURI (Northam) Enterprise Agreement 2016. The respondent, the Retail and Fast Food Workers Union of Australia, objected to the approval on various grounds, including issues related to the agreement's provisions on penalty rates, shift penalties, and casual loadings.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall and in the round" agreement. The Commission had to examine whether the proposed changes to the employees' conditions of employment provided them with a sufficient increase in overall benefits, taking into account the reduction in penalty rates and shift penalties.

The Commission found that the agreement was compliant with the statutory requirements and met the "better off overall and in the round" test. It noted that while the penalty rates and shift penalties had been reduced, the overall benefits to the employees, including increased wages and other benefits, were sufficient to outweigh these reductions. The Commission also considered the parties' submissions and the evidence provided, concluding that the agreement provided a fair and reasonable outcome for both the employer and the employees.

Accordingly, the Commission approved the MAURI (Northam) Enterprise Agreement 2016. The decision was made on the basis that the agreement provided a better outcome for the employees in terms of their overall conditions of employment, despite the reduction in penalty rates and shift penalties. The approval is effective from the date of the decision and applies to the employees covered by the agreement.

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