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

[2024] FWCA 2586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/2264)

ERMINGTON ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 JULY 2024

Application for approval of the Ermington Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ermington Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 July 2024. The nominal expiry date of the Agreement is 29 April 2027.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, George Weston Foods Pty Ltd trading as George Weston Foods Speedibake, applied to the Fair Work Commission for approval of the Ermington Enterprise Agreement 2024. The application was made under section 233 of the Fair Work Act 2009. The agreement in question was negotiated between the applicant and a union, which represented the employees, and it was intended to replace the previous enterprise agreement. The dispute centred on the procedural fairness of the negotiation process and the contents of the agreement itself, particularly in relation to certain clauses that the union argued did not adequately protect employee rights.

The legal issues before the Commission included whether the negotiation process was conducted in good faith and whether the agreement met the requirements of the Fair Work Act. Specifically, the union contested the fairness of the process and the appropriateness of certain terms, such as those related to working conditions and employee entitlements. The Commission had to determine whether the negotiation process adhered to the principles of procedural fairness and whether the agreement was consistent with the statutory requirements for enterprise agreements.

The Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission addressed the union's concerns regarding the negotiation process and concluded that there was no evidence of procedural unfairness. Additionally, the Commission considered the contents of the agreement and determined that the terms were consistent with the provisions of the Fair Work Act. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees. Accordingly, the Commission approved the Ermington Enterprise Agreement 2024.

The Fair Work Commission approved the Ermington Enterprise Agreement 2024, dismissing the union's objections. The Commission's decision was based on its findings that the negotiation process was fair and that the terms of the agreement met the statutory requirements. The union's appeal was rejected, and the agreement was thereby approved and came into effect.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established