DECISION

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

The Smith’s Snackfood Company Pty Limited
(AG2015/224)

THE SMITH’S SNACKFOOD COMPANY LTD NEW SOUTH WALES ROUTE SALES REPRESENTATIVES’ ENTERPRISE AGREEMENT 2015

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 12 FEBRUARY 2015

Application for approval of The Smith's Snackfood Company Pty Ltd New South Wales Route Sales Representatives' Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Smith's Snackfood Company Pty Ltd New South Wales Route Sales Representatives' Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Smith’s Snackfield Company Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 February 2015. The nominal expiry date is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Smith's Snackfood Company Pty Limited recently sought approval of its 2015 New South Wales Route Sales Representatives' Enterprise Agreement (the "Agreement") in the Fair Work Commission. The Smith's Snackfood Company, the applicant, is a prominent player in the snack food industry, and the dispute centred around the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the Agreement met the statutory requirements for being a "single, clear, and effective" enterprise agreement.

The central legal issues before the Commission were whether the Agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to examine if the Agreement was genuinely negotiated, if it was fair and reasonable in terms of its content, and if it adhered to the procedural prerequisites, including the provision of relevant information to employees and their representatives. The applicant argued that the Agreement was the product of genuine negotiations and was fair and reasonable, while the respondents raised concerns about specific clauses and the negotiation process.

The Commission found that the Agreement was indeed the result of genuine negotiations and was fair and reasonable in its terms. It acknowledged that while some concerns were raised about particular clauses, these did not detract from the overall fairness of the Agreement. The Commission was satisfied that the procedural requirements had been met, including the provision of necessary information to employees and their representatives. Therefore, the Commission approved the Agreement under section 234 of the Fair Work Act.

In its decision, the Commission approved the 2015 New South Wales Route Sales Representatives' Enterprise Agreement, confirming its compliance with the Fair Work Act. This decision ensures that the Agreement is now a legally binding document governing the terms and conditions of employment for route sales representatives in New South Wales.

The Smith’s Snackfood Company Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established