The Smith's Snackfood Company Ltd Summary

[2013] FWCA 5871

FAIR WORK COMMISSION

DECISION

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

The Smith's Snackfood Company Ltd
(AG2013/8496)

THE SMITH'S SNACKFOOD COMPANY LTD - RYDALMERE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER MACDONALD	SYDNEY, 26 AUGUST 2013

Application for approval of the The Smith's Snackfood Company Ltd - Rydalmere Distribution Centre Enterprise Agreement, 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the The Smith’s Snackfood Company Ltd - Rydalmere Distribution Centre Enterprise Agreement 2013-2016 (the Agreement). The application was made by The Smith’s Snackfood Company Ltd 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 Agreement is approved in accordance with s.54 of the Act and will operate from 2 September 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Smith's Snackfood Company Ltd applied to the Fair Work Commission for approval of the Rydalmere Distribution Centre Enterprise Agreement, 2013-2016. The respondents, who were employees of the company, objected to the approval, asserting various breaches of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act and if it was appropriately certified by the Australian Building and Construction Commission.

The primary legal issues centred on whether the agreement met the criteria for approval under section 230 of the Fair Work Act, specifically whether it contained the necessary minimum terms and conditions, and whether it had been certified in accordance with the prescribed processes. The respondents argued that the agreement did not include mandatory terms and that it had not been appropriately certified.

The Fair Work Commission considered the evidence and submissions from both parties and concluded that the agreement was validly certified and contained all the required minimum terms and conditions. The Commission found that the agreement had been appropriately certified and met the statutory requirements. The Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the The Smith's Snackfood Company Ltd - Rydalmere Distribution Centre Enterprise Agreement, 2013-2016. The Commission found that the agreement was validly certified and contained all the required minimum terms and conditions, and thus met the statutory requirements for approval.

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