DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods T/A Tip Top Bakeries Victoria
(AG2017/2474)

TIP TOP BAKERIES OPERATIONS (VICTORIA) AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2017

Application for approval of the Tip Top Bakeries Operations (Victoria) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Operations (Victoria) 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 Victoria. 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved George Weston Foods T/A Tip Top Bakeries Victoria, seeking approval of the Tip Top Bakeries Operations (Victoria) Agreement 2017. The matter was heard in the Fair Work Commission, with the primary focus being the procedural fairness of the agreement and its implications for the workers involved. The union representing the employees contested the agreement on various grounds, arguing that the process leading to its formation was flawed and that the terms did not adequately protect the interests of the workforce.

The legal issues before the court centred on whether the agreement was made in accordance with the Fair Work Act 2009 and whether the process followed was procedurally fair. The union argued that there were significant procedural deficiencies, including inadequate consultation and the exclusion of key stakeholders, which rendered the agreement invalid. Additionally, the union contended that the terms of the agreement were not in the best interests of the employees, particularly concerning wage rates and conditions.

The Commission found that while there were procedural shortcomings in the agreement process, these did not invalidate the agreement itself. The Commission concluded that the overall process was fair enough, and the terms of the agreement were reasonable and in the best interests of the employees. The decision underscored the importance of procedural fairness but also recognised the need to balance this with the practicality of reaching agreements in a workplace context. The application for approval of the agreement was ultimately granted, with some minor amendments to address the identified procedural issues.

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