DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara)
(AG2017/1272)

TIP TOP BAKERIES (CARRARA) - ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 16 MAY 2017

Application for approval of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2017.

[1] On 12 April 2017, George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara) (Applicant) made an application for approval of the Tip Top Bakeries (Carrara) – Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the United Voice has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The United Voice 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 May 2017. The nominal expiry date of the Agreement is 4 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, George Weston Foods Pty Ltd trading as Tip Top Bakeries (Carrara), sought approval for the Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers within the bakery, with the applicant arguing that the proposed agreement was fair and reasonable under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The key legal issues before the Commission included whether the agreement was genuinely negotiated, and if it contained all the necessary minimum terms as prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees, and whether it adhered to the principles of procedural fairness. The applicant argued that the agreement had been negotiated in good faith and provided fair terms for all parties involved.

In rendering its decision, the Commission noted that the agreement had been negotiated in accordance with the requirements of the Fair Work Act. It found that all necessary minimum terms were included and that the agreement did not unfairly disadvantage any employees. The Commission was satisfied that the process of negotiation had been fair and that the agreement complied with the principles of procedural fairness. Consequently, the Commission approved the Enterprise Agreement 2017, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the Enterprise Agreement 2017, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Ombudsman and would come into effect from the date of the Commission's approval.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established