DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd
(AG2016/4205)

SNACK BRANDS AUSTRALIA SMITHFIELD OPERATIONS SITE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Snack Brands Australia Smithfield Operations Site Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Snack Brands Australia Smithfield Operations Site Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd. 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.

[3] The Australian Workers’ Union 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) 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 22 September 2016. The nominal expiry date of the Agreement is 7 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Snack Brands Australia, a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd, applied for approval of the Snack Brands Australia Smithfield Operations Site Agreement 2016. The application was brought before the Court as it pertained to an industrial dispute concerning the terms and conditions of employment at the Smithfield operations site. The application was brought pursuant to section 184 of the Fair Work Act 2009, which allows for the approval of certain agreements that resolve industrial disputes.

The primary legal issue before the Court was whether the agreement reached by Snack Brands Australia and the unions representing the employees was fair and reasonable. The Court needed to assess the agreement against the criteria set out in section 184(1) of the Fair Work Act 2009, which requires that the agreement is fair and reasonable having regard to the matters set out in section 184(2). The Court also needed to consider whether the agreement complied with the requirements of section 230 of the Fair Work Act 2009, which sets out the process for approving enterprise agreements.

The Court found that the agreement was fair and reasonable, and complied with the relevant provisions of the Fair Work Act 2009. The Court noted that the agreement provided for a number of improvements to the terms and conditions of employment for the employees, including increased wages and better leave entitlements. The Court also found that the agreement was the result of genuine bargaining between Snack Brands Australia and the unions, and that it had been approved by the relevant employee representatives. Accordingly, the Court granted the application and approved the Snack Brands Australia Smithfield Operations Site Agreement 2016.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established