DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods T/A Tip Top Bakeries
(AG2018/3045)

TIP TOP NSW ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2019

Application for approval of the Tip Top NSW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top NSW 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 T/A Tip Top Bakeries. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice and the National Union of Workers 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves George Weston Foods, trading as Tip Top Bakeries, which applied for the approval of the Tip Top NSW Enterprise Agreement 2017. The matter was heard by the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and reasonable, and if it contained the necessary minimum entitlements.

The court examined the agreement's provisions and the submissions from both parties. It considered whether the agreement provided fair and reasonable terms and conditions, including minimum wage rates and other entitlements. The court also assessed whether the agreement complied with the Fair Work Act's provisions for good faith bargaining and the avoidance of unnecessary complexity. After thorough consideration, the court found that the agreement was fair and reasonable and met all statutory requirements.

The court approved the Tip Top NSW Enterprise Agreement 2017, confirming that it complied with the Fair Work Act. The decision was based on the court's assessment that the agreement provided fair and reasonable terms and conditions, met the minimum entitlements, and was the result of good faith bargaining. The court's approval allowed the agreement to be implemented, providing certainty and stability for the employees and the employer.

George Weston Foods T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established