DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Smith's Snackfood Company Pty Ltd T/A The Smith's Snackfood Company
(AG2020/4061)

THE SMITH'S SNACKFOOD COMPANY, QUEENSLAND - ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of The Smith's Snackfood Company, Queensland - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Smith’s Snackfood Company, Queensland - Enterprise Agreement 2020 (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 Pty Ltd T/A The Smith’s Snackfood Company. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Australian Workers' Union, the United Workers' Union, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 19 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Smith's Snackfood Company Pty Ltd, trading as The Smith's Snackfood Company, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for employees of the company, specifically those who are members of the relevant union. The application was heard in the Fair Work Commission of Australia.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "genuine agreement" and if it was free from prohibited content, such as terms that undermine the safety or health of employees. The company argued that the agreement was negotiated in good faith and was in the best interests of the employees, while the union contended that certain provisions were unfair and should be disallowed.

In delivering its decision, the Commission found that the Enterprise Agreement did meet the criteria for genuine agreement and did not contain any prohibited content. The Commission noted that extensive negotiations had taken place between the parties, and the agreement reflected a fair compromise of the interests of both the employer and the employees. The Commission also found that the provisions regarding working conditions, pay, and other employment terms were reasonable and did not undermine the safety or health of employees. As such, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement 2020, finding that it was a genuine agreement and did not contain any prohibited content. This decision ensures that the terms and conditions of employment for the employees of The Smith's Snackfood Company are legally binding and recognised under the Fair Work Act 2009.

The Smith's Snackfood Company Pty 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