Tip Top Bakeries, a Division of George Weston Foods Limited T/A Tip Top Bakeries Victoria

[2013] FWCA 5373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tip Top Bakeries, a Division of George Weston Foods Limited T/A Tip Top Bakeries Victoria
(AG2013/7871)

TIP TOP BAKERIES (VICTORIA) MERCHANDISERS AND PACKAWAYS AGREEMENT 2012

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 7 AUGUST 2013

Application for approval of the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tip Top Bakeries, Victoria, a Division of George Weston Foods Limited trading as Tip Top Bakeries Victoria. 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 and the United Voice Victoria, each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 August 2013. The nominal expiry date is 8 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tip Top Bakeries, a Division of George Weston Foods Limited trading as Tip Top Bakeries Victoria, applied for the approval of the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2012 under the Fair Work Act 2009. The application was made to the Federal Circuit Court of Australia. The dispute centred around the agreement's provisions, which aimed to regulate the employment terms and conditions of merchandisers and packaways within the applicant's operations in Victoria.

The court was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the court had to assess if the agreement provided for minimum wages and conditions, ensured procedural fairness, and was made in good faith and without coercion. The applicant argued that the agreement was a genuine attempt to improve working conditions and efficiency, while the objectors raised concerns about potential negative impacts on employees' rights and protections.

The court carefully examined the terms of the agreement, considering the nature of the bargaining process and the implications for the employees involved. It found that the agreement was made in good faith, adhered to the procedural requirements, and provided for fair minimum terms and conditions. The court concluded that the agreement was fair and appropriate for approval. The application was therefore allowed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

The final orders included the approval of the Tip Top Bakeries (Victoria) Merchandisers and Packaways Agreement 2012, with certain conditions to ensure ongoing compliance with the Fair Work Act 2009. The applicant was required to provide regular reports to the Fair Work Commission regarding the implementation and effects of the agreement. The court also mandated that the agreement would remain in effect until the earlier of its expiry date or any modification or termination by a subsequent registered agreement.

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