Snack Brands Australia, A Partnership Between Snack Brands Industries Pty Limited And Snack Brands Foods Pty Limited T/A Snack Brands Australia

[2022] FWCA 2320

[2022] FWCA 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Snack Brands Australia, A Partnership Between Snack Brands Industries Pty Limited And Snack Brands Foods Pty Limited T/A Snack Brands Australia

(AG2022/1893)

Snack Brands Australia Operations Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 15 JULY 2022

Application for approval of the Snack Brands Australia Operations Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Snack Brands Australia Operations Agreement 2022 (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 Industries Pty Limited And Snack Brands Foods Pty Limited T/A Snack Brands Australia. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 36, 35.2(c) and 9.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 4.2, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union and the Australian Workers’ Union 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.

1. The Agreement is approved and in accordance with s.54, will operate from 22 July 2022. The nominal expiry date of the Agreement is 9 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516632  PR743678>

Annexure A