DECISION

Fair Work Act 2009
s.210—Enterprise agreement

George Weston Foods Ltd T/A Tip Top Bakery (Springwood)
(AG2017/4015)

TIP TOP BAKERY (SPRINGWOOD) - ENTERPRISE AGREEMENT 2015-18

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 OCTOBER 2017

Application for variation of the Tip Top Bakery (Springwood) - Enterprise Agreement 2015-18.

[1] An application has been made for approval of a variation to the Tip Top Bakery (Springwood) - Enterprise Agreement 2015-18 (the Agreement). The application was made by George Weston Foods Ltd T/A Tip Top Bakery (Springwood) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 17 February 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 10 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

George Weston Foods Limited, trading as Tip Top Bakery (Springwood), applied to the Fair Work Commission for a variation of the Tip Top Bakery (Springwood) - Enterprise Agreement 2015-18. The primary dispute was over changes to employee work arrangements, specifically concerning shift patterns, rostering, and the introduction of a new scheduling system. The Commission was tasked with determining whether the proposed changes were reasonable in the circumstances.

The legal issues before the Commission involved assessing whether the changes proposed by George Weston Foods Limited were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The application required the Commission to consider the impact of the proposed changes on the employees, the need for flexibility in the workplace, and whether the changes were necessary to maintain or improve the business operations of the bakery.

In its decision, the Fair Work Commission found that the proposed changes to the enterprise agreement were reasonable. The Commission acknowledged the necessity for the changes to enhance operational efficiency and adapt to market demands. It was noted that the new scheduling system would provide more flexibility for both the employer and employees. The Commission also considered the evidence presented by both parties regarding the potential benefits and drawbacks of the changes, ultimately concluding that the proposed variations were fair and reasonable under the circumstances.

The Fair Work Commission granted the application for variation, allowing George Weston Foods Limited to implement the changes to the enterprise agreement. The new provisions included adjustments to shift patterns, rostering practices, and the introduction of the new scheduling system. The decision was made with the understanding that the changes would help maintain the competitiveness of the business while ensuring that the rights and interests of the employees were adequately protected.

George Weston Foods Ltd T/A Tip Top Bakery (Springwood)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established