DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H J Heinz Company Australia Limited T/A The Kraft Heinz Company
(AG2016/5908)

H.J. HEINZ COMPANY AUSTRALIA LTD ECHUCA ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the H J Heinz Company Australia Ltd Echuca Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the H.J. Heinz Company Australia Limited T/A The Kraft Heinz 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 4 November 2016 and, in accordance with s.54, will operate from 11 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved H J Heinz Company Australia Limited, trading as The Kraft Heinz Company, which sought approval for the Echuca Enterprise Agreement 2016. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including the need for the agreement to be in writing, to be made by the employer and employees, and to cover minimum terms and conditions of employment. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about specific clauses that they believed were not in the best interests of the employees.

The primary legal issue for the Commission to decide was whether the Echuca Enterprise Agreement 2016 met the statutory criteria for approval. This involved assessing whether the agreement was genuinely negotiated and whether it included all required minimum terms and conditions. The Commission also needed to determine if the agreement was fair and reasonable, taking into account the interests of the employees, the employer, and the broader community.

In considering these issues, the Commission examined the negotiation process and found that the agreement was genuinely negotiated between the parties. The Commission further found that the agreement contained all required minimum terms and conditions, and that it was fair and reasonable in its entirety. The Commission noted the specific concerns raised by the respondents but concluded that these did not undermine the overall fairness of the agreement. The Commission was satisfied that the agreement did not have an adverse effect on employees' job security and that it provided for fair and reasonable terms and conditions of employment.

The Commission approved the Echuca Enterprise Agreement 2016, effective from 1 July 2016. The agreement was deemed to meet all statutory requirements, and the Commission found that it was fair and reasonable. The approval of the agreement allows it to be registered with the Fair Work Commission, thereby ensuring its enforceability under the Fair Work Act 2009.

H J Heinz Company Australia Limited T/A The Kraft Heinz Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established