DECISION

Fair Work Act 2009
s.185—Enterprise agreement

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

TIP TOP BAKERIES (TOWNSVILLE) - ENTERPRISE AGREEMENT 2018.

(AG2017/6291)

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the Tip Top Bakeries (Townsville) - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Townsville) - Enterprise Agreement 2018 (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 (Townsville). The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[4] The Agreement was approved on 26 February 2018 and, in accordance with s.54, will operate from 5 March 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Tip Top Bakeries (Townsville) - Enterprise Agreement 2018, between the employer, George Weston Foods T/A Tip Top Bakeries (Townsville), and the union, the Bakers Union. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, with the union arguing that certain provisions were not adequately favourable to the employees, while the employer contended that the agreement was fair and reasonable.

The legal issues before the court were primarily concerned with whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the minimum terms and conditions as required by law, and whether it was made in good faith and without any coercion. Additionally, the court had to consider if the agreement would provide a fair and reasonable balance between the interests of the employer and employees.

In its decision, the Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The court held that the agreement contained all the mandated minimum terms and conditions, and that it was made in good faith without any evidence of coercion. Furthermore, the commission considered the agreement to provide a fair and reasonable balance between the interests of both parties. Consequently, the application for approval was granted, and the Tip Top Bakeries (Townsville) - Enterprise Agreement 2018 was deemed to be legally binding on all parties involved. The final orders included the approval and registration of the enterprise agreement, effective from the date of the decision.

George Weston Foods T/A Tip Top Bakeries (Townsville) TIP TOP BAKERIES (TOWNSVILLE) - ENTERPRISE AGREEMENT 2018.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established