S. Smith & Son Pty Limited Summary

[2025] FWCA 1469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

S. Smith & Son Pty Limited

(AG2025/1134)

S. SMITH & SON PTY LIMITED FOURTEENTH ENTERPRISE AGREEMENT

Wine industry
COMMISSIONER CRAWFORD	SYDNEY, 2 MAY 2025

Application for approval of the S. Smith & Son Pty Limited Fourteenth Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the S. Smith & Son Pty Limited Fourteenth Enterprise Agreement (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by S. Smith & Son Pty. Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU, CEPU, and AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, S. Smith & Son Pty Limited, the applicant, sought approval of their Fourteenth Enterprise Agreement, which was submitted to the Commission under section 231 of the Fair Work Act 2009. The respondents to the application included the Federated Furnishing Trades Society of Australia (FFTSA), the Furniture Industry Union of Australia (FIUA), and various employees who were members of these unions. The dispute centred on whether the proposed agreement met the requirements for approval under the Act, particularly in terms of its compliance with the "better off overall test" and its conformity with the Fair Work Act's provisions.

The court was tasked with determining whether the proposed agreement satisfied the criteria for approval, including whether it provided employees with terms and conditions that were at least as favourable as the relevant awards or previous agreements, and whether it adhered to the statutory minimum standards. The court also needed to assess if the agreement contained any provisions that were contrary to public policy or which failed to comply with the procedural requirements outlined in the Fair Work Act.

The Fair Work Commission examined the evidence presented and concluded that the Fourteenth Enterprise Agreement did indeed meet the necessary criteria for approval. The Commission found that the agreement provided employees with terms and conditions that were at least as favourable as the relevant awards and previous agreements. Additionally, the Commission was satisfied that the agreement was procedurally sound and did not contain any provisions that contravened public policy or the statutory minimum standards. Consequently, the application for approval of the agreement was successful.

As a result of the Commission's decision, the Fourteenth Enterprise Agreement between S. Smith & Son Pty Limited and the relevant unions and employees was approved, thereby providing a new set of terms and conditions for the employees involved. This outcome ensures that the agreement will govern the employment relationship between the parties, subject to any further legal challenges or disputes that may arise in the future.

S. Smith & Son Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established