FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara)
(AG2015/5058)

TIP TOP BAKERIES (CARRARA) - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 SEPTEMBER 2015

Application for variation of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014.

[1] This application is made by George Weston Foods Pty Ltd T/A Tip Top Bakeries (Carrara) (“the Company”) to vary the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014 (“the Agreement”) pursuant to s.217 of the Fair Work Act 2009 (“the Act”) to remove ambiguity or uncertainty. The uncertainty relates to wages payable to casual employees.

[2] In this regard, the Act provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[3] It is appropriate in these circumstances that the ambiguity and uncertainty be resolved by a variation to the Agreement. The Agreement will be varied by:

(a) Deleting the table at sub clause (a) of Appendix 1; and
(b) Replacing it with new table as follows:

“(a) Wages

Yr 1	Yr 2	Yr 3
Level 1	17.80	18.51	19.07
Level 1 Cas	22.25	23.14	23.83
Level 2	18.36	19.09	19.66
Level 2 Cas	22.95	23.87	24.59
Level 3	19.17	19.94	20.54
Level 3 Cas	23.96	24.92	25.67
Level 4	19.71	20.50	21.12
Level 4 Cas	24.64	25.63	26.40
Level 5	20.88	21.72	22.37
Level 5 Cas	26.10	27.14	27.95
Level 5 A	21.10	21.94	22.60

CaseChat Overview and Summary

The parties involved in this matter were Rhomberg Rail Australia Pty Ltd, trading as Rhomberg Rail Australia, and the Australian Rail and Maritime Transport Workers' Union (RMTU). The dispute was an application for the variation of the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal. The RMTU sought amendments to the enterprise agreement to address certain issues that had arisen in the employment relationship between the parties.

The primary legal issues before the Commission were whether the proposed variations were consistent with the Fair Work Act 2009 and whether they met the criteria for being considered "green fields" variations. The Commission had to determine if the changes were necessary to address genuine workplace issues and if they represented a genuine attempt to bargain in good faith. Additionally, the Commission needed to assess if the proposed changes were fair and reasonable in all the circumstances.

The Fair Work Commission found that the proposed variations were necessary to address specific issues in the employment relationship between the parties. The Commission concluded that the changes were consistent with the Fair Work Act and met the criteria for being considered "green fields" variations. The Commission was satisfied that the parties had genuinely attempted to bargain in good faith and that the proposed changes were fair and reasonable. The Commission approved the variations to the enterprise agreement, allowing the changes to take effect.

The final orders of the Fair Work Commission included the approval of the proposed variations to the Tip Top Bakeries (Carrara) - Enterprise Agreement 2014, which addressed the issues raised by the RMTU. The Commission's decision provided clarity on the application of the Fair Work Act in the context of enterprise agreements and demonstrated the importance of genuine attempts at bargaining in good faith.

Rhomberg Rail Australia Pty Ltd t/as Rhomberg Rail Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established