George Weston Foods Ltd T/A Tip Top Bakeries Victoria

[2014] FWCA 4500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Ltd T/A Tip Top Bakeries Victoria
(AG2014/6264)

TIP TOP BAKERIES OPERATIONS (VICTORIA) AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 JULY 2014

Application for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Operations (Victoria) Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Transport Workers’ Union of Australia 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as Tip Top Bakeries Victoria, sought approval for the Tip Top Bakeries Operations (Victoria) Agreement 2014. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval. This included ensuring that it was made in good faith, provided for the protection of employees, and complied with the Fair Work Act 2009. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA), which argued that the agreement did not sufficiently protect employees' rights.

The legal issues before the Commission were whether the agreement was genuinely made in good faith, provided adequate protections for employees, and was consistent with the provisions of the Fair Work Act. The SDA contested that the agreement failed to adequately address certain employment conditions, such as minimum wage rates, penalty rates, and leave entitlements. The Commission had to determine if these provisions were sufficient to meet the legislative requirements and to ensure that the agreement provided fair and equitable terms for employees.

The Commission found that the agreement was made in good faith and provided adequate protections for employees. It held that the terms and conditions of the agreement, including those concerning wage rates and leave entitlements, were fair and reasonable. The Commission was satisfied that the agreement complied with the Fair Work Act and was consistent with the principles of good faith bargaining. As such, the application for approval was successful. The Fair Work Commission approved the Tip Top Bakeries Operations (Victoria) Agreement 2014, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established