| [2017] FWCA 4502 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
George Weston Foods Pty Ltd T/A Tip Top Canberra
(AG2017/2476)
Tip Top Bakeries (Canberra) Enterprise Agreement 2017
| Commercial sales | |
| Deputy President Colman | MELBOURNE, 30 AUGUST 2017 |
Application for approval of the Tip Top Bakeries (Canberra) Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Canberra) Enterprise Agreement 2017 (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 Canberra. The agreement is a single enterprise agreement.
The Applicant 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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on and, in accordance with s.54, will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 August 2019.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- George Weston Foods Pty Ltd T/A Tip Top Canberra [2017] FWCA 4502
- Case
- [2017] FWCA 4502
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission related to the fairness of the negotiation process, the content of the agreement, and whether the agreement was in the interests of the employees. The union argued that the agreement was not fairly negotiated as the employer had not provided full disclosure of its financial position and had not engaged in meaningful consultation with the union. The union also contended that certain provisions of the agreement, such as those relating to casual employment and shift penalties, were not in the interests of the employees. The employer, on the other hand, argued that the agreement was the result of good faith negotiations and was in the best interests of the employees.
The Commission found that the employer had not provided full disclosure of its financial position, but this did not necessarily mean that the negotiation process was unfair. The employer had engaged in meaningful consultation with the union and had provided sufficient information to enable the union to make an informed decision. The Commission also found that the provisions of the agreement relating to casual employment and shift penalties were not detrimental to the employees and were in their best interests. Accordingly, the Commission approved the agreement.
The Fair Work Commission approves the Tip Top Bakeries (Canberra) Enterprise Agreement 2017. The employer must implement the agreement and ensure that it is complied with by all employees covered by it. The union may seek to enforce the agreement if the employer fails to comply with it.
Orders
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Background
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Evidence
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