Healthy Snacks Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthy Snacks Australia Pty Ltd applied to the Fair Work Commission for approval of a collective agreement entered into with the National Union of Workers. The nature of the dispute involved the terms and conditions of employment as outlined in the agreement, specifically addressing matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The Fair Work Commission was the judicial body tasked with reviewing and approving the agreement.

The primary legal issues the court needed to determine were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This included assessing if the agreement contained all the required terms, if it was made in good faith, and whether it was fair and reasonable for the employees covered by the agreement. The court also considered whether the agreement provided for a proper process for resolving disputes between the employer and employees.

The Fair Work Commission examined the contents of the agreement in detail, ensuring that it included all the prescribed minimum terms and conditions as mandated by the legislation. The court found that the agreement was comprehensive and addressed all the necessary areas, including wages, working hours, leave, and dispute resolution processes. It was concluded that the agreement was made in good faith and was fair and reasonable for the employees involved. Consequently, the court approved the collective agreement, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the collective agreement between Healthy Snacks Australia Pty Ltd and the National Union of Workers, confirming that it met all the necessary legal criteria under the Fair Work Act and Regulations. The agreement was deemed to be comprehensive, fair, and reasonable, and it provided adequate mechanisms for resolving disputes between the parties.

Healthy Snacks Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established