DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI
(AG2021/4595)

MAURI (QLD) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 APRIL 2021

Application for approval of the MAURI (Qld) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MAURI (Qld) Enterprise Agreement 2020 (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 T/A MAURI. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union (UWU) 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.

[5] The Agreement was approved on 20 April 2021 and, in accordance with s.54, will operate from 27 April 2021. The nominal expiry date of the Agreement is 19 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as MAURI, applied to the Fair Work Commission for the approval of the MAURI (Qld) Enterprise Agreement 2020. The application was made pursuant to section 232 of the Fair Work Act 2009. The application was opposed by a union, the Transport Workers Union, which argued that the proposed agreement did not meet the "better off overall test" and was not in the best interests of the employees. The union contended that the proposed changes to the employees' conditions of employment would result in a significant detriment to their entitlements and overall wellbeing.

The court was required to determine whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for the employees to be "better off overall" than they would be under their previous conditions of employment. The court was also required to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant industrial instruments.

The court found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court held that the agreement provided for the employees to be "better off overall" than they would be under their previous conditions of employment, and that the changes to their entitlements were justified by the need for the business to remain competitive and sustainable. The court also found that the agreement complied with any relevant industrial instruments.

The Fair Work Commission approved the MAURI (Qld) Enterprise Agreement 2020. The Commission found that the agreement provided for the employees to be "better off overall" than they would be under their previous conditions of employment, and that the changes to their entitlements were justified by the need for the business to remain competitive and sustainable. The Commission also found that the agreement complied with any relevant industrial instruments. The Commission's decision was based on a comprehensive analysis of the evidence and submissions presented by both parties.

George Weston Foods Ltd T/A MAURI

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established