George Weston Foods T/A Don

[2022] FWCA 105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods T/A Don

(AG2021/9095)

George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JANUARY 2022

Application for approval of George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2021.

An application has been made for approval of an enterprise agreement known as the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2021 (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 T/A Don. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 14 January 2022 and, in accordance with s.54, will operate from 21 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, George Weston Foods T/A Don, sought approval of a new enterprise agreement, the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2021. The respondent, the Health Services Union of Australia, opposed the application. The dispute centred on several clauses in the proposed agreement, particularly those relating to employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including the "better off overall test" (BOOT) and the "no disadvantage test". The respondent argued that the proposed agreement failed to ensure employees were no worse off and potentially disadvantaged them in terms of leave entitlements, shift patterns, and dispute resolution processes.

The Commission carefully reviewed the evidence presented by both parties. It found that while some provisions of the agreement did not meet the BOOT, other provisions did provide enhanced benefits to employees, such as improved shift allowances and more flexible working conditions. Ultimately, the Commission concluded that the proposed agreement was fair and reasonable, meeting the statutory criteria. The application was approved, subject to specific conditions designed to protect employee interests.

The final orders included the approval of the George Weston Foods Limited (Castlemaine) Engineering Union Collective Agreement 2021, with conditions that required ongoing monitoring of the agreement's impact on employee entitlements and working conditions. The Commission mandated that any further amendments to the agreement would also need to meet the statutory tests and be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established