The Smith's Snackfood Company Limited

[2013] FWCA 3989

[2013] FWCA 3989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Smith's Snackfood Company Limited
(AG2013/1463)

SMITH'S SNACKFOOD COMPANY (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 21 JUNE 2013

Application for approval of the Smith's Snackfood Company (South Australia) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Smith's Snackfood Company (South Australia) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Smith's Snackfood Company Limited. The Agreement is a single-enterprise agreement.

[2] 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. In so finding, I note that clause 32.1.3 of the Agreement, which deals with annual leave, refers to a shift worker “as defined by the Act and the NES”. Given the requirements of s.196 of the Act, I understand that this means that a shift worker as defined by the relevant modern award will be subject to the additional annual leave established by this provision of the Agreement.

[3] The National Union of Workers, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

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