Burst Foods Pty Ltd

[2023] FWCA 2822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burst Foods Pty Ltd

(AG2023/2887)

KINRISE SNACKFOODS ENTERPRISE AGREEMENT 2023-2026

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2023

Application for approval of the Kinrise Snackfoods Enterprise Agreement 2023-2026

Burst Foods Pty Ltd has made an application for approval of an enterprise agreement known as the Kinrise Snackfoods Enterprise Agreement 2023-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 4 September 2023 and, in accordance with s 54, it will operate from 11 September 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Burst Foods Pty Ltd sought approval of the Kinrise Snackfoods Enterprise Agreement 2023-2026. The application was made pursuant to section 230 of the Fair Work Act 2009. The agreement concerned the terms and conditions of employment for a defined group of employees within Burst Foods Pty Ltd, which operates under the brand Kinrise Snackfoods. The primary dispute centred on whether the agreement met the requirements for approval under the Act, particularly concerning its coverage of all employees within the bargaining unit and its compliance with relevant provisions of the Fair Work Act.

The key legal issues the Commission had to resolve included whether the agreement was made in good faith and whether it met the coverage and disclosure requirements as stipulated in the Act. The Commission also needed to assess if the agreement provided for fair and reasonable terms and conditions for the employees covered by it. Furthermore, the Commission considered whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it adhered to the principles of procedural fairness.

After examining the submissions from both parties and reviewing the contents of the proposed agreement, the Commission found that the agreement was made in good faith and complied with all relevant legal requirements. The agreement was deemed to cover all employees within the defined bargaining unit and included all necessary disclosures. The terms and conditions outlined in the agreement were found to be fair and reasonable, and they did not contravene any provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act 2009. The Commission concluded that the agreement adhered to the principles of procedural fairness and met the statutory criteria for approval.

Accordingly, the Fair Work Commission approved the Kinrise Snackfoods Enterprise Agreement 2023-2026, effective from the date of the decision. The Commission determined that the agreement would now govern the employment terms and conditions for the employees within the specified bargaining unit for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established