George Weston Foods Ltd T/A MAURI Summary

[2022] FWCA 609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI

(AG2022/97)

MAURI - (Enfield) Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 FEBRUARY 2022

Application for approval of the MAURI - (Enfield) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the MAURI - (Enfield) 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.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 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 1 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, George Weston Foods Ltd, trading as MAURI, sought approval for the MAURI - (Enfield) Enterprise Agreement 2021. The application was made in accordance with the Fair Work Act 2009. The primary nature of the dispute involved the terms and conditions of employment for the workforce employed under the proposed agreement. The legal issues that arose from this application primarily concerned whether the agreement met the statutory requirements for approval under the Fair Work Act and whether the agreement complied with the provisions concerning the proper bargaining and negotiation process.

The Commission undertook a comprehensive examination of the agreement to determine whether it was a genuine enterprise agreement, free from improper influence or coercion. It assessed whether the agreement provided for minimum entitlements, and if it was consistent with the national minimum safety net. The Commission also considered the procedural fairness of the bargaining process, ensuring that there was genuine negotiation and that the parties had acted in good faith. Furthermore, the Commission examined whether the agreement contained terms that were not directly related to the employment relationship, which would render the agreement invalid.

Upon review, the Commission found that the agreement met all the statutory requirements for approval. The agreement was deemed to be a genuine enterprise agreement, negotiated in good faith, and it provided for the minimum entitlements as stipulated by the Fair Work Act. Additionally, the Commission confirmed that the agreement was consistent with the national minimum safety net and did not contain any invalid non-operational terms. Therefore, the application for approval was successful. The Commission approved the MAURI - (Enfield) Enterprise Agreement 2021, effective from the date of the decision.

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