George Weston Foods T/A Tip Top Bakeries

[2022] FWCA 3666

[2022] FWCA 3666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

George Weston Foods T/A Tip Top Bakeries

(AG2022/4192)

Tip Top Bakeries Dry Creek Reliability Consolidated Enterprise Agreement 2022-2024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Tip Top Bakeries Dry Creek Reliability Consolidated Enterprise Agreement 2022-2024

1. An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Dry Creek Reliability Consolidated Enterprise Agreement 2022-2024 (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 Tip Top Bakeries. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the agreement title provided for on the Notice of Employee Representational Rights differed from that of the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. The Australian 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.

1. The Agreement was approved on 20 October 2022 and, in accordance with s.54, will operate from 27 October 2022. The nominal expiry date of the Agreement is 24 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517867  PR747047>

Annexure A