DECISION

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

Carter Holt Harvey Foodservice Packaging Pty Ltd
(AG2015/2825)

CARTER HOLT HARVEY FOODSERVICE PACKAGING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Carter Holt Harvey Foodservice Packaging Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Foodservice Packaging Pty Ltd Employee Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carter Holt Harvey Foodservice Packaging Pty Ltd. The agreement is a single enterprise agreement.

[2] A request was made by the Company upon lodging the application that the appendices A to G not be published. I grant the Company’s request. A copy of the Agreement without the appendices will be published.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Carter Holt Harvey Foodservice Packaging Pty Ltd to approve the Employee Enterprise Agreement 2015, which was intended to govern the employment terms and conditions for its workforce. The dispute centred around whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The decision was made in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the court was whether the Employee Enterprise Agreement 2015 adhered to the requirements outlined in the Fair Work Act 2009. This included examining if the agreement was free from prohibited content, if it was genuinely bargained between the employer and the employees, and if it met the procedural requirements for registration. Another key issue was whether the agreement provided for a fair and reasonable outcome for all parties involved.

In reaching its decision, the court considered the provisions of the Fair Work Act 2009 and the relevant case law. The court examined the terms of the agreement to ensure they were not contrary to public policy or industrial law. It also assessed if the agreement had been fairly negotiated and if it provided a fair and reasonable outcome for the employees. The court concluded that the agreement was free from prohibited content, had been genuinely bargained, and met all the legal requirements for registration. Consequently, the court approved the Employee Enterprise Agreement 2015.

The final orders of the court included the approval and registration of the Employee Enterprise Agreement 2015, effective from the date of the decision. The agreement was to govern the employment terms and conditions for the employees of Carter Holt Harvey Foodservice Packaging Pty Ltd, and it was to remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Carter Holt Harvey Foodservice Packaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established