George Weston Foods Ltd T/A MAURI anz

[2014] FWCA 8092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A MAURI anz
(AG2014/8080)

MAURI ANZ, CAMELLIA - PRODUCTION, UNION COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the MAURI anz, Camellia - Production, Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAURI anz, Camellia - Production, Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 November 2014. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of George Weston Foods Ltd T/A MAURI anz, the Fair Work Commission was tasked with approving a collective agreement, specifically the MAURI anz, Camellia - Production, Union Collective Agreement 2014. The applicant, George Weston Foods Ltd, sought the Commission's approval under the Fair Work Act 2009, aiming to formalise the terms and conditions of employment for the production employees at its Camellia facility. The respondent, represented by a union, sought to ensure the agreement adequately covered the workforce's rights and obligations.

The legal issues before the Commission included whether the agreement met the statutory requirements of the Fair Work Act, including being a "better off overall test" (BOOT) for the employees. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Act or common law principles, and that it was fair and reasonable. The Commission also needed to consider if the agreement provided adequate protections and benefits to the employees, particularly in light of changes in workplace conditions and legislative requirements since the previous agreement.

In delivering its decision, the Commission carefully examined each clause of the proposed agreement, taking into account the submissions from both parties. The Commission found that the agreement, while generally comprehensive, required several modifications to align with the Fair Work Act. Notably, the Commission made adjustments to improve the clarity and enforceability of certain provisions, ensuring that the employees were genuinely better off overall. After these modifications, the Commission was satisfied that the agreement met the necessary legal standards and approved it, subject to the changes made.

The final orders of the Commission included the approval of the MAURI anz, Camellia - Production, Union Collective Agreement 2014, with the specified modifications. These orders were designed to ensure the agreement was fair and met all statutory requirements, providing a stable and legally sound framework for the employment conditions at the Camellia facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established