DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sakata Rice Snacks Australia Pty Ltd T/A Sakata Rice Snacks Australia
(AG2016/5855)

SAKATA RICE SNACKS AUSTRALIA PTY LTD AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Sakata Rice Snacks Australia Pty Ltd Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sakata Rice Snacks Australia Pty Ltd Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sakata Rice Snacks Australia Pty Ltd T/As Sakata Rice Snacks Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 2 November 2016 and, in accordance with s.54, will operate from 9 November 2016. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sakata Rice Snacks Australia Pty Ltd, trading as Sakata Rice Snacks Australia, applied to the Fair Work Commission for approval of the Sakata Rice Snacks Australia Pty Ltd Agreement 2016-2019. The application was made under the Fair Work Act 2009, seeking approval of an enterprise agreement that had been agreed upon by the employer and its employees. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable assessment of the employees' interests, if it had been made in good faith, and if it complied with the relevant provisions of the Act, including the unfair dismissal provisions. Additionally, the Commission examined whether the agreement contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the Sakata Rice Snacks Australia Pty Ltd Agreement 2016-2019 met the statutory requirements. The Commission noted that the agreement provided for a fair and reasonable assessment of the employees' interests and was made in good faith. It also determined that the agreement complied with the Act's provisions and contained suitable dispute resolution mechanisms. Consequently, the Commission approved the agreement under the Fair Work Act, allowing it to take effect from the specified date.

The final orders included the approval of the Sakata Rice Snacks Australia Pty Ltd Agreement 2016-2019, which was to govern the employment conditions of the parties for the period specified in the agreement. The Commission's decision was based on its finding that the agreement met all the statutory requirements and provided for a fair and reasonable assessment of the employees' interests.

Sakata Rice Snacks Australia Pty Ltd T/A Sakata Rice Snacks Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established