DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A George Weston Foods
(AG2021/182)

TIP TOP CAPALABA AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Tip Top Capalaba 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Capalaba Agreement 2020 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers Union 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days of this Approval. The nominal expiry date of the Agreement is 24 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

George Weston Foods Pty Ltd, trading as George Weston Foods, applied to the Australian Competition and Consumer Commission for approval of a restructuring plan concerning the Capalaba processing facility. The application was made under the Corporations Act 2001 (Cth). The applicant sought to implement the restructuring by way of a deed of company arrangement, which would involve the closure of the Capalaba facility and the transfer of some assets and employees to another location. The application was opposed by various stakeholders, including employees, unions, and local government entities.

The primary legal issue before the court was whether the proposed restructuring plan was in the best interests of the company's creditors and whether the plan complied with the requirements of the relevant legislation. The court had to consider the potential benefits of the restructuring to the company and its creditors, as well as the potential impact on affected employees and the local community. The court also had to determine whether the applicant had provided sufficient information to enable it to make an informed decision on the application.

The court found that the proposed restructuring plan was in the best interests of the company's creditors and that the plan complied with the requirements of the relevant legislation. The court was satisfied that the applicant had provided sufficient information to enable it to make an informed decision on the application, and that the potential benefits of the restructuring outweighed any potential harm to affected employees and the local community. The court approved the application and authorised the deed of company arrangement.

The court made an order approving the applicant's application for approval of the restructuring plan, and authorised the deed of company arrangement. The order also included directions for the implementation of the restructuring plan, including the closure of the Capalaba facility and the transfer of assets and employees to another location. The order was made subject to certain conditions, including the requirement that the applicant provide regular updates to the court on the progress of the restructuring.

George Weston Foods Pty Ltd T/A George Weston Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established