George Weston Foods Ltd T/A MAURI

[2022] FWCA 708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Ltd T/A MAURI

(AG2022/275)

MAURI (VIC) Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 1 March 2022

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

An application has been made for approval of an enterprise agreement known as the MAURI (Vic) Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 8 March 2022. The nominal expiry date of the Agreement is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of George Weston Foods Ltd T/A MAURI was heard to decide the approval of the MAURI (Vic) Enterprise Agreement 2021. The primary parties involved were George Weston Foods Ltd, trading as MAURI, and the unions representing the employees. The unions argued that the proposed agreement did not adequately address certain employee entitlements and conditions, while the company asserted that the agreement was fair and reasonable, reflecting the current economic conditions and business needs.

The legal issues before the court included whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for the minimum entitlements and whether it was procedurally fair. The court also considered if the agreement adequately balanced the interests of both the employer and the employees, particularly in light of the economic climate and business challenges faced by the company.

The court examined the evidence presented by both parties and assessed the agreement against the statutory framework. It found that while the proposed agreement contained some provisions that were contentious, it did not fall outside the bounds of what could be considered a fair and reasonable agreement. The court highlighted that the company had demonstrated a willingness to negotiate and make concessions where necessary, and that the final agreement reflected a compromise between the competing interests of the employer and the employees. Consequently, the court approved the MAURI (Vic) Enterprise Agreement 2021, noting that it met the necessary legal criteria and provided for the minimum entitlements required by law.

In approving the agreement, the court emphasised the importance of fair and transparent negotiations and the need for both parties to engage in good faith. The decision serves as a reminder of the role of the court in ensuring that enterprise agreements are fair and reasonable, while also considering the broader economic context in which businesses operate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established