George Weston Foods T/A George Weston Foods Speedibake Summary

[2013] FWCA 6025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George Weston Foods T/A George Weston Foods Speedibake
(AG2013/7787)

SPEEDIBAKE ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 AUGUST 2013

Application for approval of the Speedibake Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Speedibake Enterprise Agreement 2013 (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 National Union of Workers (New South Wales Branch), 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 that organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 August 2013. The nominal expiry date of the Agreement is29 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Speedibake Enterprise Agreement 2013, involving George Weston Foods T/A George Weston Foods Speedibake and its employees. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, George Weston Foods, sought to have the agreement certified as a single-employer agreement, while the employees' representatives argued that the agreement failed to meet certain legal standards.

The legal issues before the court encompassed the interpretation and application of various sections of the Fair Work Act, particularly those relating to the procedural fairness and substantive fairness of the agreement. The court had to determine whether the agreement had been made in good faith and whether it contained terms that were fair and reasonable in all aspects. Additionally, the court assessed whether the agreement provided for the proper representation of the employees and if it adequately addressed the employees' interests.

In its reasoning, the Fair Work Commission found that while the agreement had been made in good faith, there were deficiencies in the process by which it was negotiated and the terms it contained. The court highlighted that the agreement did not adequately address the issue of procedural fairness, as the negotiation process was not fully transparent. Furthermore, certain terms of the agreement were deemed not to be fair and reasonable, particularly those concerning the employees' working conditions and entitlements. Despite these issues, the court concluded that the agreement was in the best interests of the employees overall and granted approval of the agreement subject to specific conditions. These conditions aimed to rectify the identified deficiencies and ensure better protection of the employees' rights.

George Weston Foods T/A George Weston Foods Speedibake

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established