George Weston Foods Ltd T/A Weston Milling

[2014] FWCA 7067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Ltd T/A Weston Milling
(AG2014/9110)

GEORGE WESTON FOODS - (ENFIELD) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 OCTOBER 2014

Application for approval of the George Weston Foods - (Enfield) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the George Weston Foods - (Enfield) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 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). 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 National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of George Weston Foods Ltd trading as Weston Milling, the Fair Work Commission was called upon to approve an enterprise agreement entered into between the employer and the employees' union. The matter centred on the proposed agreement, known as the George Weston Foods - (Enfield) Enterprise Agreement 2014, which aimed to set out the terms and conditions of employment for the employees. The legal issues that required the Commission's determination centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically whether the agreement was "in the public interest" and whether it had been fairly negotiated.

The Commission examined various provisions of the agreement and the process through which it had been negotiated. Key to the decision was the application of section 230 of the Fair Work Act, which mandates that an agreement must be approved if it is satisfied that the agreement is in the public interest. The Commission assessed the agreement's impact on the employees, the employer, and the broader community, considering factors such as the fairness of the terms, the impact on industrial relations, and compliance with relevant laws. Furthermore, the Commission had to determine whether the agreement was genuinely negotiated, considering the involvement of the union and the employer's compliance with procedural fairness.

After thorough consideration of the evidence and submissions, the Commission found that the agreement met the statutory requirements. It concluded that the agreement was in the public interest and had been fairly negotiated. The terms of the agreement were deemed to be reasonable and balanced, providing adequate protections for the employees while also considering the employer's business needs. The Commission approved the George Weston Foods - (Enfield) Enterprise Agreement 2014, thereby formalising the terms and conditions of employment for the employees covered by the agreement.

As a final order, the Fair Work Commission approved the George Weston Foods - (Enfield) Enterprise Agreement 2014, effective from the date of the decision. This approval formalises the agreement and ensures that it will govern the employment terms and conditions of the employees involved, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established