TIP TOP BAKERIES RELIABILITY (VICTORIA) AGREEMENT 2025

Application for approval of the Tip Top Bakeries Reliability (Victoria) Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Bakeries Reliability (Victoria) Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by George Weston Foods Limited T/A Tip Top Bakeries (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Casual Conversion: Clause 14.10 of the Agreement states that if a 'casual employee is working a regular roster, that is on regular days for regular hours of the week for a continuous period of 12 months, and a requirement is ongoing and they have the skills necessary for the deployment options available, then a permanent role will be offered, but not necessarily at the same average hours.' Section 66AAB of the Act states that where a casual employee has been employed for at least 6 months, they may give the employer a written notification regarding conversion to permanent employment. Section 66AC(4) of the Act, the employer may not accept the notification only where there are 'fair and reasonable operational grounds.' Section 66L of the Act states that the employer cannot 'reduce or change the employee's hours' or 'alter the employee's work pattern'.

• Annual Leave: Clause 28.3.1 of the Agreement specifies that annual leave shall normally be given and taken in four consecutive weeks or, where the employee and the Company agree, in any multiple of one week wherever possible. Section 88(2) of the Act states that an employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

• Carer's Leave: Clause 31.6 of the Agreement states than an employee is not entitled to take carer's leave where another has taken leave to care for the same person. There is no similar restriction under the NES.

[5] However, noting clause 8.7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 12 November 2025. The nominal expiry date of the Agreement is 31 March 2028.

Printed by authority of the Commonwealth Government Printer