The Smith's Snackfood Company Ltd

[2022] FWCA 785

[2022] FWCA 785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Smith's Snackfood Company Ltd

(AG2022/443)

Smith's Snackfood Company (South Australia) Enterprise Agreement 2022-2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MARCH 2022

Application for approval of the The Smith's Snackfood Company (South Australia) Enterprise Agreement 2022-2025

1. The Smith's Snackfood Company Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Smith's Snackfood Company (South Australia) Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 25 February 2022.

1. On 25 February 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• As the Agreement did not contain a compliant flexibility or consultation term, the parties were notified that should the Agreement be approved, the model flexibility term and the model consultation term will be inserted into the Agreement and will be taken to be terms of the Agreement.

• Clause 11 regarding abandonment could be inconsistent with the National Employment Standards (NES). 

1. The Applicant has submitted an undertaking in the required form dated 28 February 2022. The undertaking deals with the following topics:

• The Applicant inserted a National Employment Standards (NES) precedence term.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

1. The United Workers’ Union (UWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2025.

COMMISSIONER

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