Sakata Rice Snacks Australia Pty Ltd

[2013] FWCA 8423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sakata Rice Snacks Australia Pty Ltd
(AG2013/2644)

SAKATA RICE SNACKS AUSTRALIA PTY LTD AGREEMENT 2013 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Sakata Rice Snacks Australia Pty Ltd Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sakata Rice Snacks Australia Pty Ltd Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sakata Rice Snacks Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sakata Rice 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 8 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Sakata Rice Snacks Australia Pty Ltd, the employer, and the Australian Workers' Union (AWU), the union representing the employees. The dispute was regarding the approval of the Sakata Rice Snacks Australia Pty Ltd Agreement 2013 - 2016, which sought to establish the terms and conditions of employment for the employees of the company. The case was heard in the Fair Work Commission, which is the industrial relations tribunal with jurisdiction over this matter.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and if the employees had been adequately consulted during the negotiation process. The AWU argued that the agreement did not comply with the Act, particularly in relation to the provisions on shift work and the calculation of penalty rates. The union also claimed that the employees had not been properly consulted and that the process was flawed.

The Commission considered the arguments presented by both parties and examined the provisions of the agreement. The Commission found that the agreement did comply with the Fair Work Act and that the employer had adequately consulted with the employees during the negotiation process. The Commission was satisfied that the agreement was in the best interests of the employees and approved it. The Commission emphasised the importance of the consultation process and the need for employers to ensure that employees are properly informed about their rights and entitlements under an agreement.

The Fair Work Commission approved the Sakata Rice Snacks Australia Pty Ltd Agreement 2013 - 2016. The decision highlights the importance of the consultation process in the negotiation of enterprise agreements and the need for employers to ensure that employees are properly informed about their rights and entitlements under an agreement. The case serves as a reminder that the Commission will carefully examine agreements to ensure that they comply with the Fair Work Act and that they are in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established