The Smith’s Snackfood Company Ltd T/A The Smith’s Snackfood Company

[2017] FWCA 6849

[2017] FWCA 6849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Smith’s Snackfood Company Ltd T/A The Smith’s Snackfood Company
(AG2017/5624)

THE SMITH’S SNACKFOOD COMPANY, QUEENSLAND – ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 21 DECEMBER 2017

Application for approval of The Smith’s Snackfood Company, Queensland - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Smith’s Snackfood Company, Queensland - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Smith’s Snackfood Company Ltd T/A Smith’s Snackfood Company. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, the Transport Workers’ Union of Australia and the 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

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Annexure A