DECISION

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

George Weston Foods T/A Tip Top Bakeries (Townsville)
(AG2015/67)

TIP TOP (TOWNSVILLE) BAKERIES - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Tip Top Bakeries (Townsville) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Townsville) Enterprise Agreement 2014 (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] United Voice, 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 the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 March 2015. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by George Weston Foods, trading as Tip Top Bakeries (Townsville), for the approval of the Tip Top Bakeries (Townsville) Enterprise Agreement 2014. The dispute arose from negotiations between the employer and the employees' representative, the Australian Bakers' Union. The application for approval was contested on the grounds that certain provisions within the agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issues revolved around the compliance of the agreement with the mandatory requirements of the Fair Work Act. Specifically, the focus was on whether certain provisions in the agreement, such as those concerning the terms of employment, the process for resolving disputes, and the flexibility of working arrangements, adhered to the legal standards set out in the legislation. The court had to determine if the agreement was bona fide and if it contained the necessary good faith elements, particularly in relation to the process for resolving disputes and the terms that ensure fair treatment of employees.

In delivering the decision, the Fair Work Commission meticulously reviewed the provisions of the agreement against the statutory criteria. The Commission found that the agreement did not adequately address the dispute resolution process as required by the Fair Work Act, thereby failing to meet the criteria for approval. Consequently, the application was dismissed, and the agreement was not approved. The decision emphasised the importance of compliance with legislative standards in the formation of enterprise agreements to ensure fairness and proper dispute resolution mechanisms are in place.

The final orders of the Commission included the dismissal of the application for approval of the enterprise agreement and the requirement for the parties to renegotiate certain provisions to ensure compliance with the Fair Work Act. The decision underscores the necessity for enterprise agreements to meet specific statutory requirements, particularly regarding dispute resolution and terms of employment.

George Weston Foods T/A Tip Top Bakeries (Townsville)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established