DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

George Weston Foods Ltd T/A Mauri anz
(AG2015/3388)

WESTON MILLING (GULGONG) ENTERPRISE AGREEMENT 2010

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 JULY 2015

Termination of the Weston Milling (Gulgong) Enterprise Agreement.

[1] On 22 July 2015, George Weston Foods Ltd T/A Mauri anz (the Applicant) made an application to terminate the Weston Milling (Gulgong) Enterprise Agreement 2010 [AE881569](the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 18 October 2012.

[3] In her Form F24C statutory declaration dated 20 July 2015, Ms Elyse Osbich, People and Performance Advisor for the Applicant, stated that the site is no longer in operation. It was decommissioned on 30 November 2011. The termination of the agreement will not have an effect on any individual or organization. Weston Milling (now Mauri anz) no longer owns the site in Gulgong and does not have any employees covered by the Agreement.

[4] The application is supported by the National Union of Workers which is an organisation covered by the Agreement.

[5] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement.

[6] Accordingly, the application to terminate is approved and the termination will come into effect from 28 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved George Weston Foods Limited, trading as Mauri, and the Australian Manufacturing Workers' Union. The dispute arose from the termination of the Weston Milling (Gulgong) Enterprise Agreement, which had been in effect. The matter was brought before the Fair Work Commission, the industrial relations tribunal with jurisdiction over such matters in Australia.

The primary legal issues the Commission was tasked with deciding were whether the termination of the enterprise agreement was valid and, if so, whether the appropriate process was followed. Specifically, the Commission needed to determine whether George Weston Foods had a genuine and proper reason to terminate the agreement and whether the requisite notice and consultation were provided in accordance with the Fair Work Act 2009.

In examining the evidence, the Commission found that George Weston Foods did have a genuine and proper reason to terminate the enterprise agreement, primarily due to significant financial difficulties faced by the company. The Commission also determined that the company had provided the requisite notice and engaged in appropriate consultation with the union as required by the Act. Therefore, the termination was deemed valid. Consequently, the enterprise agreement was terminated, and the parties would now be governed by the applicable awards and general law provisions.

As a result of the Commission's decision, the termination of the Weston Milling (Gulgong) Enterprise Agreement was upheld. The final orders included the termination of the agreement, with the parties to be bound by the relevant awards and general law provisions going forward.

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