George Weston Foods T/A MAURI

[2021] FWCA 7021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods T/A MAURI
(AG2021/8410)

WESTON ANIMAL NUTRITION (BENTLEY) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 DECEMBER 2021

Application for approval of the Weston Animal Nutrition (Bentley) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Weston Animal Nutrition (Bentley) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of George Weston Foods T/A MAURI was heard, where the applicant sought approval for the Weston Animal Nutrition (Bentley) Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for employees at the Weston Animal Nutrition facility in Bentley, Western Australia. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for being registered and approved as a single-employer enterprise agreement.

The central legal issues before the Commission involved whether the agreement satisfied the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission needed to assess whether the agreement was made in good faith and involved genuine bargaining. Substantively, the Commission had to ensure that the agreement did not disadvantage employees in terms of their wages, conditions, or entitlements, and that it provided a safety net of minimum terms and conditions.

After reviewing the evidence and submissions, the Commission determined that the agreement was made in good faith and involved genuine bargaining. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the safety net requirements under the Fair Work Act. The agreement was found to be free from any provisions that would disadvantage employees or undermine their rights.

Accordingly, the Commission approved the Weston Animal Nutrition (Bentley) Enterprise Agreement 2021. The agreement is now registered and legally binding on the parties, providing a framework for the employment relationship between George Weston Foods and its employees at the Bentley facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established