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

[2014] FWCA 3262

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)
(AG2014/5889)

TIP TOP BAKERIES (CARRARA) - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 MAY 2014

Application for approval of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 23 May 2014. The nominal expiry date of the Agreement is 3 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved George Weston Foods Pty Ltd, trading as Tip Top Bakeries (Carrara), and the Australian Bakers’ Association, acting on behalf of the employees. The dispute centred around the application for the approval of the Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval, including the provision of employee protections and fair terms of employment.

The key legal issues before the Commission were whether the agreement provided for a genuine enterprise bargaining process, whether it contained the required minimum terms and conditions, and whether it complied with procedural fairness. Additionally, the Commission needed to ensure that the agreement did not adversely affect the financial viability of the employer or the interests of the employees. The Commission also considered whether the agreement met the requirements for transitional provisions and the adequacy of dispute resolution mechanisms.

In reaching its decision, the Commission examined the evidence provided by both parties. It was noted that the agreement was the result of good faith bargaining between the employer and the union, which represented the employees. The Commission found that the agreement included all the required minimum terms and conditions and that it did not unjustifiably harm the financial viability of the employer. The Commission was also satisfied that the agreement contained appropriate dispute resolution mechanisms and did not negatively impact the interests of the employees. Based on this analysis, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2014 between George Weston Foods Pty Ltd, trading as Tip Top Bakeries (Carrara), and the Australian Bakers’ Association on behalf of the employees. The decision was made on the basis that the agreement was a product of genuine enterprise bargaining, contained all required minimum terms and conditions, and did not unjustifiably harm the financial viability of the employer or the interests of the employees. The agreement was also found to include adequate dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established