Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd

[2013] FWCA 3355

FAIR WORK COMMISSION

DECISION

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

Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd
(AG2013/6455)

SNACK BRANDS AUSTRALIA SMITHFIELD OPERATIONS SITE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKENNA	SYDNEY, 28 MAY 2013

Application for approval of the Snack Brands Australia Smithfield Operations Site Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Snack Brands Australia Smithfield Operations Site Agreement 2013 (“the Agreement”). The application has been made by Snack Brands Australia, a partnership between Snack Brands foods Pty Ltd and Snack Brands Industries Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3) of the Act, I am satisfied that it is fair to extend the period for filing the application. Further, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Australian Workers’ Union and the National Union of Workers - New South Wales Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 7 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd, applied to the Fair Work Commission for approval of the Snack Brands Australia Smithfield Operations Site Agreement 2013. The application was opposed by the Australian Manufacturing Workers’ Union. The nature of the dispute was whether the proposed agreement, which sought to regulate the employment conditions of workers at the Smithfield site, met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the proposed agreement was a simple, genuine and fair agreement, whether it provided for a safety net of minimum terms and conditions, and whether it complied with the requirements for employee and union representation. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for adequate consultation and dispute resolution processes.

The Fair Work Commission found that the proposed agreement was a simple, genuine and fair agreement that provided for a safety net of minimum terms and conditions. The Commission also found that the agreement was in the best interests of the employees and provided for adequate consultation and dispute resolution processes. The Commission approved the Snack Brands Australia Smithfield Operations Site Agreement 2013, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission's decision was based on a careful analysis of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement met the criteria for approval and was in the best interests of the employees. The Commission also noted that the agreement provided for adequate consultation and dispute resolution processes, which were essential for the effective operation of the Smithfield site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established