George Weston Foods T/A Tip Top Bakeries Springwood Summary

[2013] FWCA 3681

FAIR WORK COMMISSION

DECISION

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

George Weston Foods T/A Tip Top Bakeries Springwood
(AG2013/5674)

TIP TOP BAKERY (SPRINGWOOD) - ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 12 JUNE 2013

Application for approval of the Tip Top Bakery (Springwood) - Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Tip Top Bakery (Springwood) - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by George Weston Foods T/A Tip Top Bakeries Springwood.

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

[3] On 29 May 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The United Voice and Transport Workers’ Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2013. The nominal expiry date of the Agreement is 23 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of George Weston Foods T/A Tip Top Bakeries Springwood, the applicant sought approval of the Tip Top Bakery (Springwood) - Enterprise Agreement 2012. The applicant, representing the employer, applied to the Fair Work Commission for the approval of the proposed agreement, which aimed to set out the terms and conditions of employment for certain employees of the bakery. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues for the court to decide were whether the proposed enterprise agreement met the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to assess whether the agreement was made in good faith and followed the necessary bargaining processes. Substantively, the court needed to determine if the agreement's terms were fair and reasonable, particularly in relation to the employees' working conditions, wages, and other employment-related matters.

The court considered evidence and submissions from both parties, focusing on the fairness and reasonableness of the proposed agreement. It examined whether the agreement provided for adequate consultation mechanisms, the fairness of the proposed terms, and whether it met the 'better off overall test'. After reviewing the evidence, the court found that the agreement was made in good faith and met the procedural requirements. It also concluded that the agreement's terms were fair and reasonable, thus complying with the statutory requirements. The court approved the proposed enterprise agreement, allowing it to come into effect as intended.

No specific final orders were detailed in the text provided, but the court's approval of the agreement would likely result in the implementation of the agreed terms and conditions for the employees of the Springwood bakery.

George Weston Foods T/A Tip Top Bakeries Springwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established