Healthy Snacks Australia Pty Ltd

[2013] FWCA 9696

[2013] FWCA 9696

FAIR WORK COMMISSION

DECISION

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

Healthy Snacks Australia Pty Ltd
(AG2013/10773)

HEALTHY SNACKS AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 10 DECEMBER 2013

Application for approval of the Healthy Snacks Australia Pty Ltd and National Union of Workers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Healthy Snacks Australia Pty Ltd and National Union of Workers Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Healthy Snacks Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] While the rates of pay in the Agreement reflect those in the Food, Beverage and Tobacco Manufacturing Award 2010, the Agreement provides a number of benefits, for example, two paid 15 minute rest breaks per shift, enhanced long service leave benefits and one week’s paid maternity and paternity leave, which will result in employees being better off overall under the Agreement.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from Healthy Snacks Australia Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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