MAURIanz a Division of George Weston Foods Limited T/A MAURIanz

[2014] FWCA 8554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MAURIanz a Division of George Weston Foods Limited T/A MAURIanz
(AG2014/8249)

MAURIANZ (TOOWOOMBA) UNION COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 NOVEMBER 2014

Application for approval of the MAURIanz (Toowoomba) Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAURIanz (Toowoomba) Union Collective 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] The National Union of Workers 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 8 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved MAURIanz, a division of George Weston Foods Limited, which applied to the Fair Work Commission for the approval of the MAURIanz (Toowoomba) Union Collective Agreement 2014. The application was made under the Fair Work Act 2009, seeking the agreement's registration as a greenfields agreement. The Fair Work Commission was required to determine if the application met the criteria set out in the Act, particularly focusing on whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and if it adhered to the principles of the Fair Work Act.

The primary legal issue before the Commission was whether the application satisfied the statutory requirements for a greenfields agreement. This involved assessing if the agreement was genuinely negotiated between MAURIanz and the relevant union, if it provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements outlined in the Act. The Commission also needed to consider the impact of the agreement on the employees and the broader industrial relations system.

In making its decision, the Commission reviewed the evidence and submissions presented by both parties. It examined the negotiation process, the terms of the agreement, and whether the agreement was genuinely negotiated and provided fair and reasonable terms. The Commission found that the application met the criteria for a greenfields agreement. The evidence showed that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission also determined that the agreement complied with the procedural requirements of the Fair Work Act. Based on these findings, the Commission approved the application and registered the MAURIanz (Toowoomba) Union Collective Agreement 2014 as a greenfields agreement.

The final orders of the Commission were that the MAURIanz (Toowoomba) Union Collective Agreement 2014 be approved and registered as a greenfields agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration, and the Commission directed that the necessary steps be taken to give effect to the agreement. The decision was made in light of the evidence presented and the statutory criteria for the approval of greenfields agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established