George Weston Foods Ltd Trading AS Tip Top Bakery (Townsville)

TIP TOP BAKERIES (TOWNSVILLE) - ENTERPRISE AGREEMENT 2026

Application for approval of the Tip Top Bakeries (Townsville) - Enterprise Agreement 2026

[1] George Weston Foods Ltd T/A Tip Top Bakery (Townsville) (the Employer) has applied for approval of an enterprise agreement known as the Tip Top Bakeries (Townsville) - Enterprise Agreement 2026 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers' Union (UWU) and the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU advised that it was comfortable with the Employer's undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 30 October 2027.

[7] In correspondence directed to the Commission, the Employer advised that due to administrative error, the wage rates for Level 1 and Level 2 employees provided in the copy of the Agreement lodged with the approval application were incorrect. These wage rates would result in Level 1 and Level 2 employees receiving rates of pay below those in the applicable modern award. In its correspondence, the Employer advised the correct wage rates for these employees.

[8] I advised the parties of my view that the inclusion of the incorrect wage rates for Level 1 and Level 2 employees constituted an obvious error pursuant to s.218A of the Act, and that I was minded to vary the Agreement by publishing the correct wage rates as advised by the Employer. The parties did not express any objection to this proposal.

[9]

I am satisfied that the inclusion of the incorrect wage rates for Level 1 and Level 2 employees is an obvious error within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement to correct the error by substituting the relevant wages table for the correct copy subsequently provided by the Employer. I do so on the Commission's own initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a corrected copy of the Agreement containing the correct wages table. That version of the Agreement will be published alongside this decision.

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