George Weston Foods Ltd T/A MAURI Summary

[2021] FWCA 7264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2021/8765)

MAUR1 WETHERILL PARK ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 DECEMBER 2021

Application for approval of the Maur1 Wetherill Park Enterprise Agreement 2021

[1] George Weston Foods Ltd T/A Mauri has made an application for the approval of an enterprise agreement known as the Maur1 Wetherill Park Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The United Workers’ Union (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 22 December 2021 and, in accordance with s 54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as Maur1, sought approval of the Maur1 Wetherill Park Enterprise Agreement 2021. The application was brought before the Fair Work Commission. The primary concern was whether the agreement met the necessary legal requirements for approval, particularly under the Fair Work Act 2009.

The legal issues centred around whether the agreement was fairly and accurately represented, whether it contained mandatory terms as required by the Act, and whether it was made in good faith and without coercion. The Commission examined the process by which the agreement was made and considered submissions from both parties.

In its reasoning, the Commission found that the agreement had been made in good faith and without any coercion. The applicant demonstrated that the agreement had been fairly and accurately represented to the employees. The Commission noted the inclusion of all mandatory terms and determined that the agreement met the necessary criteria for approval. The Commission approved the agreement, recognising its compliance with the relevant legal standards.

The final orders included the approval of the Maur1 Wetherill Park Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the employees covered by it.

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