The Smith’s Snackfood Company Ltd

[2014] FWCA 3632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Smith’s Snackfood Company Ltd
(AG2014/6018)

THE SMITH’S SNACKFOOD COMPANY LIMITED (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JUNE 2014

Application for approval of the Smith’s Snackfood Company Limited (Western Australia) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Smith’s Snackfood Company Limited (Western Australia) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] 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 the organisation.

[4] The Food Preservers Union of Western Australia 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 the organisation.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 10 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Smith's Snackfood Company Limited recently sought the Fair Work Commission's approval for the Smith's Snackfood Company Limited (Western Australia) Enterprise Agreement 2014-2017. The dispute arose between the company, represented by their employee, and the union representing the workers. The crux of the matter was whether the proposed agreement adhered to the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and bargaining provisions.

The legal issues before the court centred on the compliance of the enterprise agreement with the Fair Work Act. Specifically, the court needed to determine if the agreement provided for minimum terms and conditions, whether it appropriately addressed the bargaining rights of the parties, and if it was made in good faith. Additionally, the court considered whether the agreement's terms were procedurally sound and fair, given the context of the negotiations and the rights of the employees involved.

In delivering the decision, the court carefully examined the terms of the enterprise agreement against the statutory benchmarks set out in the Fair Work Act. The court found that the agreement met the legislative requirements, as it included provisions for minimum wages, leave entitlements, and other standard terms and conditions. Furthermore, the court was satisfied that the agreement was the product of genuine bargaining and was made in good faith. The union's concerns about certain clauses were addressed, with the court concluding that the benefits of the agreement outweighed any potential disadvantages.

As a result, the court approved the Smith's Snackfood Company Limited (Western Australia) Enterprise Agreement 2014-2017, noting its compliance with the statutory framework and the fair representation of both parties' interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established