DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A George Weston Foods Speedibake
(AG2021/5608)

ERMINGTON ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2021

Application for approval of the Ermington Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ermington Enterprise Agreement 2021 (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 T/A George Weston Foods Speedibake. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 12(d) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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, will operate from 16 July 2021. The nominal expiry date of the Agreement is 29 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Pty Ltd trading as George Weston Foods Speedibake, applied to the Fair Work Commission for the approval of the Ermington Enterprise Agreement 2021. The applicant sought the agreement's approval under section 231 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the union representing the employees, with disagreements over certain terms and conditions of employment. The union contested the application, arguing that the agreement did not meet the requirements of the Act.

The central legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it met the direct benefit test. Specifically, the Commission needed to determine if the agreement's terms and conditions were fair and reasonable, considering the broader industrial context and any direct benefits to the employees. The union's arguments focused on the adequacy of the agreement in addressing employee concerns and the overall fairness of the terms proposed.

In considering the application, the Commission examined the negotiation process and the terms of the agreement. The Commission assessed whether the agreement provided direct benefits to employees, considering factors such as wage increases, working conditions, and job security. The Commission also evaluated if the agreement was made in good faith and if it met the standards of fairness and reasonableness. After reviewing the submissions and evidence, the Commission found that the agreement met the requirements of the Act. The Commission concluded that the agreement provided fair and reasonable terms and conditions and was made in good faith, thereby satisfying the direct benefit test.

The Fair Work Commission approved the Ermington Enterprise Agreement 2021, finding it met the statutory requirements. The Commission acknowledged the agreement's provisions, which included provisions for wages, hours of work, and other employment conditions. The approval signifies that the agreement will govern the employment relationship between the applicant and the employees represented by the union, effective from the date of approval. The union's objections were not upheld, and the agreement was found to be in compliance with the Fair Work Act.

George Weston Foods Pty Ltd T/A George Weston Foods Speedibake

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established