George Weston Foods Ltd T/A Tip Top Bakeries Victoria

[2016] FWCA 3988

[2016] FWCA 3988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Tip Top Bakeries Victoria
(AG2016/1499)

TIP TOP BAKERIES (VICTORIA) MERCHANDISERS AND PACKAWAYS AGREEMENT 2015

Commercial sales
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Victoria) Merchandisers and Packaways 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 Tip Top Bakeries Victoria. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 8 November 2018.

COMMISSIONER

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