DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A George Weston Foods Speedibake
(AG2020/3784)

ERMINGTON ENGINEERING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2020

Application for approval of the Ermington Engineering Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ermington Engineering Enterprise 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 T/A George Weston Foods Speedibake. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2020. The nominal expiry date of the Agreement is 1 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, George Weston Foods, sought approval of the Ermington Engineering Enterprise Agreement 2020 from the Fair Work Commission. The dispute involved the terms of employment for employees working in various roles within the company's operations. The Commission was tasked with determining whether the agreement met the legal standards for approval, including fairness, compliance with relevant industrial laws, and its impact on the employees.

The primary legal issues addressed by the Commission involved assessing the fairness of the agreement, ensuring it complied with the Fair Work Act 2009, and determining whether it provided for appropriate conditions of employment, including wages, hours of work, and other terms and conditions. The Commission also considered whether the agreement adequately protected the rights of employees and whether it met the standards set by the Act.

In its decision, the Commission found that the Ermington Engineering Enterprise Agreement 2020 was fair and met the necessary legal requirements. The agreement was deemed to be in the best interests of the employees, providing for adequate wages, reasonable hours of work, and other conditions of employment that were fair and reasonable. The Commission concluded that the agreement complied with the Fair Work Act 2009 and was therefore approved. The approval was subject to the conditions set out in the agreement, which were considered to be fair and reasonable.

The Fair Work Commission approved the Ermington Engineering Enterprise Agreement 2020, subject to the terms and conditions set out in the agreement. The approval was granted on the basis that the agreement met the legal standards for fairness and compliance with the Fair Work Act 2009. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment, ensuring that they are fair and reasonable.

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