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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, George Weston Foods Ltd trading as Tip Top Bakeries Victoria, applied to the Fair Work Commission for approval of the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for merchandisers and packaways employed by the applicant company. The primary concern was whether the proposed agreement met the criteria for approval as a safety net agreement under the Act.

The court had to determine whether the agreement provided for terms and conditions that were no less favourable than the applicable safety net and whether it contained the prescribed minimum terms and conditions. Additionally, the court had to assess if the agreement was made in good faith and whether it complied with procedural fairness. The court considered whether the agreement was genuinely negotiated and if the employees had an opportunity to be represented in the negotiation process.

The Fair Work Commission approved the application and determined that the agreement satisfied the legislative requirements. The Commission found that the proposed agreement provided for terms and conditions that were no less favourable than the safety net and included the prescribed minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and complied with procedural fairness. The Commission also found that the employees had an adequate opportunity to be represented in the negotiation process.

The Commission approved the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2015 under section 234 of the Fair Work Act 2009. This approval means that the agreement is now legally binding on the parties involved and will govern the employment terms and conditions for the relevant employees.

George Weston Foods Ltd T/A Tip Top Bakeries Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established