DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods T/A Tip Top Bakeries Victoria
(AG2015/4999)

GEORGE WESTON FOODS LIMITED TIP TOP BAKERIES VICTORIAN (MAINTENANCE) AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the George Weston Foods Limited TIP TOP BAKERIES VICTORIAN (MAINTENANCE) AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the George Weston Foods Limited TIP TOP BAKERIES VICTORIAN (MAINTENANCE) AGREEMENT 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved George Weston Foods, trading as Tip Top Bakeries Victoria, which applied for the approval of a maintenance agreement pursuant to section 516A of the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The dispute centred on the proposed terms of the maintenance agreement, which sought to address the ongoing employment conditions of certain workers following the sale of Tip Top Bakeries Victoria to George Weston Foods. The employees' union contested several aspects of the agreement, primarily focusing on the preservation of their existing employment conditions and benefits.

The legal issues before the Commission included whether the proposed maintenance agreement met the requirements set out in the Fair Work Act, particularly in relation to ensuring that employees' conditions of employment were not less favourable than those they had under the previous employer. The Commission also had to consider whether the agreement provided adequate protections for employees during the transition period and if it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Additionally, the Commission examined the fairness and reasonableness of the proposed terms in light of the interests of both the employees and the employer.

The Fair Work Commission found that the proposed maintenance agreement was generally compliant with the statutory requirements. The Commission emphasised the importance of maintaining continuity and stability for employees during the transition of employment. It concluded that the agreement provided sufficient protections for the employees' conditions of employment and that the terms were fair and reasonable. The Commission approved the maintenance agreement, noting that it struck an appropriate balance between the needs of the employer and the interests of the employees. The approval was subject to certain conditions that aimed to ensure the continued protection of employees' rights and conditions during the transition period.

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