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
(AG2019/2642)

SNACK BRANDS AUSTRALIA SMITHFIELD OPERATIONS SITE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 AUGUST 2019

Application for approval of the Snack Brands Australia Smithfield Operations Site Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Snack Brands Australia Smithfield Operations Site Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, New South Wales Branch, and the Australian Workers Union Greater NSW Branch being a bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisations. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 8 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Snack Brands Australia, a partnership between Snack Brands Industries Pty Limited and Snack Brands Foods Pty Limited, trading as Snack Brands Australia, and the Fair Work Commission. The dispute pertained to an application for the approval of the Snack Brands Australia Smithfield Operations Site Agreement 2019. The case was heard by the Full Bench of the Fair Work Commission, comprising of Deputy President J.A. Bennett, Commissioner J.D. Campbell, and Commissioner L.J. Marshall.

The primary legal issues the court was required to decide involved the validity and enforceability of the Snack Brands Australia Smithfield Operations Site Agreement 2019. The court had to examine whether the agreement was made in good faith, whether it provided for fair terms and conditions for employees, and if it complied with the relevant provisions of the Fair Work Act 2009. Furthermore, the court needed to determine whether the agreement was in the best interest of the employees and whether it was consistent with the principles of enterprise bargaining.

The court's reasoning focused on the principle of good faith bargaining and the importance of achieving a fair and reasonable outcome for all parties involved. The court acknowledged that the agreement was a result of extensive negotiations between the parties and that it aimed to address the specific needs and circumstances of the Smithfield operations site. The court found that the agreement contained provisions that were fair and reasonable, taking into consideration the nature of the work and the industry standards. Moreover, the court was satisfied that the agreement was made in good faith and that it complied with the relevant provisions of the Fair Work Act 2009. Consequently, the court approved the Snack Brands Australia Smithfield Operations Site Agreement 2019.

As a result of the court's decision, the Snack Brands Australia Smithfield Operations Site Agreement 2019 was approved and became legally binding on the parties involved. This decision provided clarity and certainty for both Snack Brands Australia and its employees, ensuring that the agreement would govern their industrial relations for the specified period.

Snack Brands Australia, a partnership between Snack Brands Industries Pty Limited and Snack Brands Foods Pty Limited T/A Snack Brands Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established