| [2023] FWCA 264 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Real Mccoy Snackfood Company Pty Ltd T/A Snack Brands Australia
(AG2022/5527)
THE REAL MCCOY SNACKFOOD COMPANY ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 25 JANUARY 2023 |
Application for approval of The Real McCoy Snackfood Company Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as The Real McCoy Snackfood Company Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Real Mccoy Snackfood Company Pty Ltd T/A Snack Brands Australia. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, 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.
The Australian Workers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2023. The nominal expiry date of the Agreement is 24 January 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519003 PR749994>
Annexure A
- AGLC
- The Real Mccoy Snackfood Company Pty Ltd T/A Snack Brands Australia [2023] FWCA 264
- Case
- [2023] FWCA 264
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and provided for the minimum entitlements of the workers as stipulated by the Act. The Commission needed to assess the fairness and practicality of the proposed terms and conditions, including wages, working hours, leave entitlements, and dispute resolution mechanisms.
The Commission found that the Enterprise Agreement 2023 complied with the statutory requirements and provided for the minimum entitlements of the employees. The agreement was deemed to be fair and practical, balancing the interests of both the employer and the employees. The Commission approved the agreement, highlighting its compliance with the relevant legislative provisions and its provision for adequate protections for the workers.
The Fair Work Commission approved the Enterprise Agreement 2023, confirming its compliance with the Fair Work Act 2009 and its fairness to the employees. This decision allowed the agreement to be implemented as the legally binding terms and conditions of employment for the workers of The Real McCoy Snackfood Company Pty Ltd.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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