DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snap Fresh Pty Limited T/A Snap Fresh
(AG2018/5981)

SNAP FRESH PTY LIMITED AGREEMENT 6 2018-2021

Airport operations
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 MAY 2019

Application for approval of the Snap Fresh Pty Limited Agreement 6 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Snap Fresh Pty Limited Agreement 6 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Snap Fresh Pty Limited T/A Snap Fresh (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Snap Fresh Pty Limited, trading as Snap Fresh, applied to the court for approval of an agreement that would regulate the terms of employment for its employees between 2018 and 2021. The application was brought under the Fair Work Act 2009, seeking to ensure that the agreement provided fair and reasonable terms for its workforce. The case was heard by the Fair Work Commission.

The central legal issue was whether the proposed agreement provided for fair and reasonable terms of employment, considering the relevant factors under the Fair Work Act. This included assessing whether the agreement complied with the ‘better off overall test’ (BOOT), which requires that employees be no worse off and at least some employees be better off financially compared to the applicable award or registered agreement. Additionally, the court had to consider whether the agreement adhered to the ‘good faith’ requirement, ensuring that the terms were not unduly harsh, inflexible, or oppressive.

The court examined the agreement in detail, weighing the proposed changes against the existing conditions and the relevant award. It concluded that the agreement provided fair and reasonable terms for employees, meeting the BOOT and good faith requirements. The proposed changes included adjustments to hours, penalties, and leave provisions, which were found to benefit employees in various ways, such as through increased flexibility and improved leave entitlements. The court was satisfied that the agreement did not introduce any unduly harsh, inflexible, or oppressive terms.

The Fair Work Commission approved the agreement, allowing it to come into effect as intended. This decision ensures that Snap Fresh Pty Limited can operate under the agreed terms, providing a clear framework for employment conditions over the specified period.

Snap Fresh Pty Limited T/A Snap Fresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established