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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Smith’s Snackfood Company Ltd, trading as The Smith’s Snackfood Company, applied to the Fair Work Commission for approval of its 2017 Queensland Enterprise Agreement. The company sought to have the agreement approved as a certified agreement under the Fair Work Act 2009, which would allow it to be binding on all employees covered by the agreement, including those not members of a trade union. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval as set out in the Fair Work Act. This involved examining the process by which the agreement was negotiated and whether it complied with the procedural requirements for the registration of an enterprise agreement. The Commission also had to consider whether the agreement contained terms and conditions that were consistent with the provisions of the Act, including provisions regarding minimum entitlements, dispute resolution, and procedural fairness.

The Commission found that the agreement was negotiated in good faith and that the process followed was consistent with the statutory requirements. It also determined that the terms of the agreement were fair and met the standards set out in the Act. The Commission concluded that the agreement was not inconsistent with any relevant award or other industrial instrument and that it provided for a fair and reasonable outcome for all employees covered by it. Accordingly, the Commission approved the agreement as a certified agreement under the Fair Work Act.

The Fair Work Commission approved the Smith’s Snackfood Company, Queensland - Enterprise Agreement 2017 as a certified agreement under the Fair Work Act. This decision means that the agreement will be binding on all employees covered by it, including those who are not members of a trade union. The approval of the agreement provides certainty and stability for both the company and its employees, and ensures that the terms and conditions of employment are fair and reasonable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established