DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods t/a Tip Top Bakeries Victoria
(AG2020/1294)

TIP TOP BAKERIES OPERATIONS (VICTORIA) AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 JUNE 2020

Application for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2020.

[1] Tip Top Bakeries Victoria has applied for approval of a single enterprise agreement known as the Tip Top Bakeries Operations (Victoria) Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The United Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act and the signature requirement for that of the United Workers’ Union notice waived pursuant to Rule 6. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 2 June 2020 and, in accordance with s.54, will operate from 9 June 2020. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

George Weston Foods, trading as Tip Top Bakeries Victoria, applied to the Fair Work Commission for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2020. The dispute centred around whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009, particularly in terms of its fairness and procedural correctness. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the procedural fairness requirements. Additionally, the Commission had to determine if the agreement met the "better off overall test," ensuring that employees were not worse off by being subject to the agreement.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, was made in good faith, and adhered to the necessary procedural fairness. The Commission also concluded that the agreement passed the better off overall test, as it provided certain benefits to the employees despite some minor detriments. Therefore, the application for approval was successful.

The Fair Work Commission approved the Tip Top Bakeries Operations (Victoria) Agreement 2020, recognising it as a valid enterprise agreement under the Fair Work Act 2009. The decision affirmed the procedural correctness and fairness of the agreement, allowing it to be implemented as intended by the parties involved.

George Weston Foods t/a Tip Top Bakeries Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established