George Weston Foods Ltd Trading AS Mauri Summary

[2025] FWCA 2782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Ltd Trading AS Mauri

(AG2025/2681)

MAURI (VIC) ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER REDFORD	MELBOURNE, 22 AUGUST 2025

Application for approval of the Mauri (VIC) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Mauri (VIC) Enterprise Agreement 2025 (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 Trading AS Mauri (Mauri). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with Mauri in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

The undertakings relate to:

a.Workplace Delegates Rights
b.Part-Time Overtime
c.Apprentices and Trainees

Interaction with the National Employment Standards

Clause 6.2 of the Agreement provides that where there is any inconsistency between the Agreement and the National Employment Standards (NES) the more beneficial provision in the NES shall take precedence (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 32.1.1 – personal / carer’s leave evidence
b.Clause 34 – parental leave
c.Clause 33.6 – compassionate leave
d.Clause 19.2.2 – withholding monies on termination
e.Clause 36.4 – public holiday substitution

Consideration

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, George Weston Foods Ltd, and the respondent, Trading AS Mauri, were before the Fair Work Commission to seek approval of the Mauri (VIC) Enterprise Agreement 2025. The agreement in question sought to establish terms and conditions of employment for employees within the Victorian jurisdiction. The application centred around the validity of the agreement under the Fair Work Act 2009, specifically considering whether the agreement met the criteria for being a lawful and appropriate enterprise agreement. The applicants argued that the agreement was fairly negotiated and met the necessary standards, while the respondent, representing the employees, contested certain provisions.

The court was required to determine if the agreement was genuinely negotiated and if it complied with the requirements set forth in the Fair Work Act. Key issues included whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged by the agreement, and whether there was genuine negotiation. The court also needed to consider if the agreement contained all the necessary minimum terms and conditions and if it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The commission assessed the better off overall test and determined that the agreement provided for terms and conditions that were at least as good as, or better than, those provided under the relevant award. The commission also confirmed that all necessary minimum terms were included and that the agreement adhered to the principles of good faith bargaining. Consequently, the commission approved the Mauri (VIC) Enterprise Agreement 2025, deeming it a lawful and appropriate enterprise agreement.

The final order of the commission was that the Mauri (VIC) Enterprise Agreement 2025 be approved as a lawful and appropriate enterprise agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the decision and apply to the employees within the specified jurisdiction.

George Weston Foods Ltd Trading AS Mauri

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established