George Weston Foods Ltd T/A MAURI Summary

[2022] FWCA 1898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI

(AG2022/1705)

MAURI (Toowoomba) Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JUNE 2022

Application for approval of the MAURI (Toowoomba) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the MAURI (Toowoomba) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 15 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by George Weston Foods Ltd, trading as MAURI, for the approval of the MAURI (Toowoomba) Enterprise Agreement 2021. The application sought the endorsement of this agreement, which was negotiated between the employer and the employees' representative, to ensure its effectiveness in governing the employment terms of the workforce. The dispute centred around the procedural and substantive fairness of the agreement, including whether it was negotiated in good faith and whether it complied with the relevant legislative framework.

The court was required to determine several legal issues. These included whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, whether the employer had acted in good faith during the negotiation process, and whether the agreement contained terms that were fair and reasonable. Additionally, the court needed to assess if the agreement met the criteria for being a "single interest" and "best interest" agreement, ensuring that it was not only procedurally sound but also substantively fair to the employees.

The Fair Work Commission, in its decision, examined the negotiation process and the contents of the agreement. It found that the agreement was made in good faith and that the employer had engaged in genuine negotiations. The court held that the agreement was procedurally and substantively fair, noting that it contained terms that were reasonable and not contrary to public policy. The Commission was satisfied that the agreement met the criteria for being a "single interest" and "best interest" agreement, as it was negotiated with a view to the overall interests of the employees and not just the employer's interests.

The Fair Work Commission approved the MAURI (Toowoomba) Enterprise Agreement 2021, endorsing it as a lawful and fair agreement. The decision confirmed that the agreement would be registered and would come into effect from the specified date, governing the employment terms for the relevant employees. This approval provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

George Weston Foods Ltd T/A MAURI

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established