The Smith’s Snackfood Company Ltd Summary

[2014] FWCA 3301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Smith’s Snackfood Company Ltd
(AG2014/926)

THE SMITH’S SNACKFOOD COMPANY (DANDENONG DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2014 - 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 19 MAY 2014

Application for approval of The Smith’s Snackfood Company (Dandenong Distribution Centre) Enterprise Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as The Smith’s Snackfood Company (Dandenong Distribution Centre) Enterprise Agreement 2014 - 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Smith’s Snackfood Company Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from The Smith’s Snackfood Company Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Smith’s Snackfood Company Limited sought approval for its enterprise agreement from 2014 to 2015. The application was made before the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair terms and conditions, including pay and conditions, and if it complied with the good faith bargaining requirements.

The central legal issues revolved around whether the agreement's terms and conditions were fair and reasonable, and whether the bargaining process was conducted in good faith. The Smith’s Snackfood Company argued that the agreement was fair, given the economic context and industry standards. The Commission needed to assess the evidence presented and determine if the agreement met the statutory requirements for approval.

In its decision, the Commission reviewed the terms of the agreement, including wages, hours of work, and other employment conditions. It found that the agreement provided for fair terms and conditions, taking into account the evidence provided by both parties. The Commission also concluded that the bargaining process was conducted in good faith, as there was no evidence of coercion or undue influence. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, confirming its fairness and the good faith of the bargaining process. The decision emphasised the importance of meeting statutory criteria and considering the economic context of the agreement. This ruling provides a clear example of how the Commission assesses enterprise agreements under the Fair Work Act.

The Smith’s Snackfood Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established