DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Mauri anz
(AG2015/3355)

MAURI ANZ (VIC) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JU LY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Mauri anz (VIC) 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 July 2015 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 31 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involved George Weston Foods Ltd, trading as Mauri anz, and the Australian Manufacturing Workers' Union (AMWU). The dispute was regarding the application for the approval of the Mauri anz (VIC) Enterprise Agreement 2015 under the Fair Work Act 2009. The Fair Work Commission heard and determined the matter.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly concerning the bargaining process, and if it adequately met the "better off overall test". The AMWU argued that the agreement did not meet the requirements of the Act and failed to provide employees with a fair and reasonable outcome.

The Fair Work Commission examined the evidence presented on the bargaining process and the terms of the agreement. It determined that the agreement was made in good faith and that there was genuine bargaining. The Commission also found that the agreement met the "better off overall test", as the majority of employees would be no worse off and some would be better off financially. Consequently, the Commission approved the application for the agreement's registration.

As a result of the Commission's decision, the Mauri anz (VIC) Enterprise Agreement 2015 was registered under the Fair Work Act. The parties were bound by the terms of the agreement, which would govern the employment conditions of the employees covered by the agreement.

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