George Weston Foods Ltd T/A Mauri

[2022] FWCA 3844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A Mauri

(AG2022/4366)

MAURI (Camellia) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 2 NOVEMBER 2022

Application for approval of the MAURI (Camellia) Enterprise Agreement 2022.

George Weston Foods Ltd T/A Mauri (the Employer) has made an application for the approval of the MAURI (Camellia) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 21.6 – Personal/Carer’s Leave (Compassionate Leave) and Clause 28(c) – Probationary Period are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved George Weston Foods Ltd, trading as Mauri, and its employees represented by the Food, Beverage, Tobacco, and Agricultural Workers Union. The dispute centred on the application for the approval of the Mauri (Camellia) Enterprise Agreement 2022, which aimed to regulate various terms and conditions of employment for the workers. The Fair Work Commission heard the application to determine if the agreement met the necessary criteria for approval.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly sections that pertain to the procedural fairness and substantive fairness of the agreement. The Commission had to assess if the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions of employment for the employees. Additionally, the Commission examined whether the agreement met the requirements of being free from prohibited content and if it aligned with the objectives of the Fair Work Act.

In rendering its decision, the Commission considered the submissions from both parties and the evidence presented. It found that the agreement was genuinely negotiated and did not contain any prohibited content. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the employees. The Commission also noted that the agreement aligned with the objectives of the Fair Work Act and was in the best interests of the employees. Consequently, the Commission approved the Mauri (Camellia) Enterprise Agreement 2022, determining that it met all the necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established