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

[2023] FWCA 911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/440)

TIP TOP BAKERIES (CARRARA) - ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 27 MARCH 2023

Application for approval of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Carrara) - Enterprise Agreement 2023-2026 (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 Tip Top Bakeries (Carrara). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Form F17 lodged with the Agreement stated that the Award which covers the employees is the Manufacturing and Associated Industries and Occupations Award 2020. However, the Agreement refers to Food Beverage and Tobacco Manufacturing Award 2020 (“FBT Award”). My chambers wrote to the employer on 14 March 2023 to confirm the correct Award. On 17 March 2023, the employer advised me that that the correct Award is the FBT Award, in the undertaking listed below. I am satisfied that the correct Award to be read with this Agreement is the FBT Award.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting 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.

The United Workers’ Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 3 April 2023. The nominal expiry date of the Agreement is 4 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Enterprise Agreement between George Weston Foods Pty Ltd, trading as Tip Top Bakeries (Carrara), and the union representing its employees for the period 2023-2026. The application was heard in the Fair Work Commission (FWC), which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement met the statutory requirements for approval, including whether it was made in good faith, whether it provided for a direct or indirect safety net improvement, and whether it complied with the process requirements.

The court examined the application to determine whether the agreement satisfied the criteria set out in the Fair Work Act. It assessed whether the agreement had been negotiated in good faith, whether it contained appropriate provisions for employee protections and entitlements, and whether it complied with procedural requirements such as the provision of relevant documents and notices to employees. The court also considered submissions from both the employer and the union regarding the fairness and appropriateness of the agreement's terms.

After considering the submissions and evidence presented, the FWC found that the proposed agreement met the statutory requirements for approval. The court was satisfied that the agreement was made in good faith, provided for a direct safety net improvement, and complied with the procedural requirements of the Act. The court approved the agreement, noting the parties' efforts to negotiate in good faith and the reasonable terms and conditions provided for within the agreement.

The FWC approved the Tip Top Bakeries (Carrara) Enterprise Agreement 2023-2026, and the decision was registered with the Fair Work Commission. The agreement now serves as the legally binding framework for employment conditions between George Weston Foods Pty Ltd and its employees at the Carrara bakery for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established