DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A George Weston Foods Speedibake
(AG2018/6710)

ERMINGTON ENGINEERING ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 MAY 2019

Application for approval of the Ermington Engineering Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ermington Engineering Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The National Union of Workers NSW Branch 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

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 Engineering Enterprise Agreement 2017. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for registration, including the provision of a copy to the Fair Work Ombudsman within the specified timeframe.

The legal issues before the court involved the interpretation of sections of the Fair Work Act 2009, particularly those relating to the mandatory provisions of an enterprise agreement, the process for registration, and the timeline for lodging the agreement with the Fair Work Ombudsman. The court had to determine whether the agreement contained all the mandatory terms prescribed by the Act, whether it was lodged within the required timeframe, and if any procedural errors were present.

In its decision, the Fair Work Commission examined the content of the agreement against the mandatory provisions set out in the Fair Work Act 2009. The Commission found that the agreement contained all the necessary terms and conditions as required by law. Despite the late lodgement of the agreement, the Commission exercised its discretion under section 234 of the Act, concluding that the delay did not significantly impact the rights of the employees or the integrity of the agreement. The Commission approved the agreement, emphasising the importance of compliance with the mandatory provisions and the need for timely lodgement in future agreements.

The Fair Work Commission approved the Ermington Engineering Enterprise Agreement 2017, emphasising the importance of meeting statutory requirements and timelines. The Commission acknowledged the delay in lodgement but found it did not significantly affect the rights of the employees or the integrity of the agreement. This decision underscores the necessity for compliance with the Fair Work Act 2009 and the importance of timely submission of agreements for registration.

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