DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Tip Top Bakeries (Canning Vale)
(AG2015/553)

TIP TOP BAKERIES (CANNING VALE) BAKEHOUSE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 4 MAY 2015

Application for approval of the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canning Vale) Bakehouse 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] 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 Tip Top Bakeries (Canning Vale). 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2015. The nominal expiry date of the Agreement is 20 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved George Weston Foods Ltd trading as Tip Top Bakeries (Canning Vale) and the relevant trade union. The dispute centred around the application for approval of the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2014. The application was heard in the Fair Work Commission. The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the process for creating the agreement was fair and just.

The court examined the application to determine if the agreement was genuinely bargained and if it adhered to the relevant provisions of the Act. This included assessing if the agreement was made without coercion and if it provided fair terms and conditions for the employees. The court also considered whether the union had adequately represented its members during the bargaining process. After thorough examination, the court found that the agreement met all the necessary statutory requirements. The process for creating the agreement was deemed to be fair and just, and the union was found to have adequately represented its members.

Accordingly, the court approved the Tip Top Bakeries (Canning Vale) Bakehouse Agreement 2014. The final orders included the approval of the agreement, which would now be binding on the parties involved. The agreement was to be registered with the Fair Work Commission and would come into effect on a date specified in the agreement itself. This decision effectively resolved the dispute between George Weston Foods Ltd and the union.

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

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established