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[13]
austlii:cth/FWCA/2025/1929
General information, not legal advice.
FWCA
2025-06-13
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 13 June 2025.
The title of the enterprise agreement appearing in the preamble on the first page of the decision has been corrected to read "Tip Top Bakery (Springwood) Enterprise Agreement 2024 - 2026".
s.185 - Application for approval of a single-enterprise agreement
George Weston Foods Ltd Trading AS Tip Top Bakery Springwood
TIP TOP BAKERY (SPRINGWOOD) ENTERPRISE AGREEMENT 2024 - 2026
Application for approval of the Tip Top Bakery (Springwood) Enterprise Agreement 2024 - 2026
[1] George Weston Foods Ltd trading as Tip Top Bakery Springwood ("the Employer") has applied for approval of an enterprise agreement known as the Tip Top Bakery (Springwood) Enterprise Agreement 2024 - 2026 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] A party's application for the Commission's approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least one representative of the employees covered by the agreement, and it includes each signatory's full name and address, and an explanation of their authority to sign.[2] There was a minor issue with the signature page. The Employer provided a replacement signature page. Also, the application inadvertently named a natural person as the applicant. The Employer confirmed that it was the correct applicant.
[3] I exercise the power in section 586 of the Fair Work Act,[3] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signature page or the incorrect name of the applicant in the application.
[4] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[5] Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.
[7] With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
[8] The United Workers' Union (UWU) lodged a declaration in the prescribed form[4] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the UWU.
[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 14 October 2026.
[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.
[3] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].
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