DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Mauri anz
(AG2015/7253)

MAURI ANZ (QLD) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Mauri anz (Qld) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mauri anz (Qld) Enterprise Agreement 2015 (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 anz. 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] 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.

[4] The United Voice 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 is approved and, in accordance with s.54 of the Act, will operate from 2 March 2016. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by George Weston Foods Ltd trading as Mauri anz, seeking approval of the Mauri anz (Qld) Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009, and the dispute centred around whether the agreement met the requirements for "bargaining representative approval" as outlined in the Act.

The legal issues the court needed to decide included whether the agreement was made in good faith and whether it complied with the "no-disadvantage test" which ensures that employees are not worse off under the new agreement than they were under their previous conditions. The court also needed to assess if the agreement covered all necessary matters and if the bargaining process was fair and transparent.

In its decision, the Fair Work Commission examined the process through which the agreement was negotiated and whether there was genuine consultation between the parties. The Commission found that the agreement had been made in good faith and that it met all the necessary statutory requirements. The Commission approved the agreement on the basis that it did not disadvantage any employees and was the product of a fair bargaining process. The Commission's decision was grounded in the evidence presented, which demonstrated that the agreement was beneficial overall and adhered to the requirements of the Fair Work Act.

The Commission made an order approving the Mauri anz (Qld) Enterprise Agreement 2015, recognising it as a lawful and fair agreement that met all statutory requirements for bargaining representative approval. This decision affirmed the agreement's validity and set a precedent for similar agreements in the future.

George Weston Foods Ltd T/A Mauri anz

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established