George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara)

[2020] FWCA 2370

[2020] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara)
(AG2020/459)

TIP TOP BAKERIES (CARRARA) - ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 6 MAY 2020

Application for approval of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara) (the Applicant) for approval of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 17 March 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings on 6 April 2020, addressing the concerns raised.

[4] The United Workers Union (the UWU), a bargaining representative for the Agreement, filed submissions in response to the Applicant’s submissions and undertakings on 14 April 2020.

[5] Further to this correspondence, the Applicant filed amended undertakings on 29 April 2020. The UWU confirmed it agrees with and supports approval of the Agreement in light of the amended undertakings.

[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[7] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, having considered the submissions of the Applicant in this matter, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[8] I also observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.2 – probation; and

•  Clause 11.2 – termination by company.

[9] However, noting the NES precedence clause at clause 5.1 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.

[10] Subject to the matters raised at paragraphs [7]-[9] and the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[11] The UWU filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 UWU.

[12] The Agreement is approved and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 4 January 2023.

COMMISSIONER

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Attachment A