DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snow Brand Australia Pty Ltd
(AG2014/10256)

SNOW BRAND AUSTRALIA PTY LTD - INFANT FORMULA DIVISION - AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2014

Application for approval of the Snow Brand Australia Pty Ltd - Infant Formula Division - and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Snow Brand Australia Pty Ltd - Infant Formula Division - and National Union of Workers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Snow Brand Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Snow Brand Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Snow Brand Australia Pty Ltd, concerning the approval of an enterprise agreement with the National Union of Workers. The application was brought before the Fair Work Commission, the body tasked with resolving such disputes under Australian industrial law. The primary concern was whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the provisions of the Fair Work (Registered Organisations) Act 2009.

The legal issues centred around the validity of the enterprise agreement, particularly focusing on whether the agreement was made in good faith and whether it met the requirements for proper bargaining. Additionally, the court had to determine whether the agreement provided for the appropriate minimum entitlements and whether the process of agreement making adhered to the procedural fairness principles. The central question was whether the enterprise agreement was fair and whether it was genuinely negotiated between the parties.

The Fair Work Commission examined the evidence provided by both parties, including the negotiation process, the terms of the agreement, and the compliance with legislative requirements. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions, which were in line with statutory minima. After careful consideration, the Commission concluded that the agreement was fair and that it had been made in good faith. The Commission found that the process of negotiation was transparent and that both parties had engaged in meaningful discussions. As a result, the application for approval of the enterprise agreement was granted.

In summary, the court determined that the enterprise agreement between Snow Brand Australia Pty Ltd and the National Union of Workers met all statutory requirements and was fair. The agreement was approved, allowing it to come into effect as per the terms outlined.

Snow Brand Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established