DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI anz
(AG2015/1035)

MAURI ANZ (WA) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 MAY 2015

Application for approval of the MAURI anz (WA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MAURI anz (WA) 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from George Weston Foods Ltd T/A MAURI anz. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) 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 28 May 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

George Weston Foods Ltd, trading as MAURI anz, applied to the Fair Work Commission for approval of the MAURI anz (WA) Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, with the applicants seeking to have the agreement approved as a protected action agreement, which would protect it from unfair dismissal claims and allow the company to take protected action in support of the agreement. The application was opposed by the Health Services Union of Australia, which argued that the agreement was not appropriately certified and did not meet the statutory requirements.

The key legal issue before the Commission was whether the agreement was appropriately certified and met the criteria for approval under the Fair Work Act. The Commission had to determine whether the agreement was genuinely negotiated, whether the certification process was conducted in a procedurally fair manner, and whether the agreement met the substantive requirements of the Act, including that it was in the best interests of the employees and did not undermine the safety net of minimum entitlements.

The Commission found that the agreement was appropriately certified and met the statutory requirements for approval. The Commission held that the agreement was genuinely negotiated and that the certification process was conducted in a procedurally fair manner. The Commission also found that the agreement met the substantive requirements of the Act, including that it was in the best interests of the employees and did not undermine the safety net of minimum entitlements. The Commission approved the agreement as a protected action agreement, which means that the company can take protected action in support of the agreement and that employees cannot bring unfair dismissal claims in relation to the agreement.

The Commission made an order approving the MAURI anz (WA) Enterprise Agreement 2015 as a protected action agreement under section 233 of the Fair Work Act 2009. The order also included provisions for the agreement to be registered with the Fair Work Commission and for the agreement to be published on the Commission's website.

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