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austlii:cth/FWCA/2026/661
General information, not legal advice.
FWCA
2026-03-20
Original judgment source is linked above.
s.225 - Enterprise agreement
The Real McCoy Snackfood Company t/as Snack Brands Australia
THE REAL MCCOY SNACKFOOD COMPANY ENTERPRISE AGREEMENT 2023
Application for termination of the The Real McCoy Snackfood Company Enterprise Agreement 2023
[1] The Real McCoy Snackfood Company trading as Snack Brands Australia (Snack Brands) has applied to terminate the The Real McCoy Snackfood Company Enterprise Agreement 2023 (the Agreement). The Agreement was approved on 23 January 2023 and nominally expired on 24 January 2026. The Agreement has passed its nominal expiry date.
[2] Section 226 of the Fair Work Act 2009 (the Act) requires the Commission to terminate an enterprise agreement if the conditions in that section are met, having regard to the mandatory considerations in section 225. Dealing with the matters of relevance in this case:
No employees covered by the Agreement: The declaration filed in support of the application states that Snack Brands is no longer in operation. There are no employees within the classifications of the Agreement who are employed under its terms. Absent any evidence or advice to the contrary, I am satisfied that the Agreement does not, and is not likely to, cover any employees.
Views of persons covered: Snack Brands supports the termination of the Agreement on the basis that there are no employees covered by the Agreement, given there are no longer operations on the site. The Australian Workers' Union, which is covered by the Agreement, was given the opportunity to provide its views but did not respond.
Effect on bargaining: There is no evidence of any bargaining for an enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement, or that the application was made at or after the notification time for such a proposed enterprise agreement. In the circumstances, there is no basis upon which to conclude that termination of the Agreement would adversely affect the bargaining position of employees who will be covered by the proposed enterprise agreement.
Other relevant matters: There are no other relevant matters that have been brought to my attention.
[3] As there are no employees covered by the Agreement and the other considerations do not tell against termination, I am satisfied that termination of the Agreement is appropriate in all the circumstances. As a result, I must terminate the Agreement.
[4] The Agreement is terminated with effect from today.
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