The Real Mccoy Snackfood Company Pty Ltd T/A Snack Brands Australia

Case [2023] FWCA 264


[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.

  1. 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.

  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 as are relevant to this application for approval have been met.

  1. 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.

  1. 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

Details
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 Real McCoy Snackfood Company Pty Ltd, trading as Snack Brands Australia, applied to the Fair Work Commission for approval of its Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the company's workers, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

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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