DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Tip Top Bakeries (Canning Vale)
(AG2015/54)

TIP TOP BAKERIES (CANNING VALE) BREADCARTERS’, LOADERS’ AND MERCHANDISERS’ AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Tip Top Bakeries (Canning Vale) Breadcarters’, Loaders’ and Merchandisers’ Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canning Vale) Breadcarters’, Loaders’ and Merchandisers’ Agreement 2014 (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 Tip Top Bakeries (Canning Vale). The Agreement is a single enterprise agreement.

[2] 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 Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 3 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves George Weston Foods Ltd trading as Tip Top Bakeries, and the applicant for the approval of the Tip Top Bakeries (Canning Vale) Breadcarters’, Loaders’ and Merchandisers’ Agreement 2014. The dispute reached the Fair Work Commission, which was tasked with determining whether the agreement should be approved. The application for approval came about as a result of negotiations between the employer and the union, seeking to establish terms and conditions for the employees within the specified roles.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. The Commission also needed to assess whether the agreement facilitated efficient bargaining and did not undermine the broader objectives of the Act.

In delivering its decision, the Commission examined the terms of the agreement and the process by which it was negotiated. It considered the submissions made by both parties and the broader context of industrial relations in the bakery industry. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Act. The Commission also concluded that the agreement facilitated efficient bargaining and did not undermine the broader objectives of the Act.

The Fair Work Commission approved the Tip Top Bakeries (Canning Vale) Breadcarters’, Loaders’ and Merchandisers’ Agreement 2014, setting out the terms and conditions for the employees in the specified roles. The Commission's decision provides clarity for both the employer and the union, and establishes a framework for industrial relations within the bakery industry.

George Weston Foods Ltd T/A Tip Top Bakeries (Canning Vale)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established