DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd t/a George Weston Foods Speedibake
(AG2015/4352)

SPEEDIBAKE ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 AUGUST 2015

Application for approval of the Speedibake Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Speedibake Enterprise Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from George Weston Foods Pty Ltd t/a George Weston Foods Speedibake. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 29 April 2017.

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 Speedibake Enterprise Agreement 2015. The dispute arose from the negotiation process of the agreement between the company and its employees represented by the Food and Allied Industries Union of Australia. The primary contention was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act, and whether the negotiation process complied with the procedural fairness requirements. Specifically, the court had to determine if the union had genuinely negotiated the agreement and if the agreement met the criteria for a certified agreement.

The court examined the evidence and submissions from both parties. It found that the agreement was genuinely negotiated and contained all the required terms and conditions, including those related to pay and conditions, dispute resolution, and employee benefits. The court also concluded that the negotiation process was procedurally fair and that the union had adequately represented the employees. Based on these findings, the court approved the Speedibake Enterprise Agreement 2015.

The final orders of the court were that the Speedibake Enterprise Agreement 2015 be approved and registered under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the company and its employees.

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