H.J. Heinz Company Australia Ltd

[2013] FWCA 6618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H.J. Heinz Company Australia Ltd
(AG2013/2546)

H.J. HEINZ COMPANY AUSTRALIA LTD ECHUCA ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by H.J. Heinz Company Australia. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers these organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heinz Company Australia Limited applied for approval of the Echuca Enterprise Agreement 2013 with its employees. The application was heard in the Fair Work Commission, where it was necessary to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issue was whether the agreement provided for fair and reasonable terms and conditions, as mandated by the legislation. The court had to examine whether the agreement's terms complied with the Fair Work Act's provisions, including whether it was free from any unfair content and whether it adhered to the prescribed bargaining processes.

The Fair Work Commission analysed the agreement in detail, considering various aspects such as the coverage of employees, the terms and conditions, and the bargaining process. It was determined that the agreement was free from any unfair content and that the bargaining process complied with the legislative requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment matters. The Commission was satisfied that the agreement met the statutory criteria for approval.

Consequently, the Fair Work Commission approved the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2013, confirming its compliance with the Fair Work Act. The approval signified that the agreement could be registered and enforced as a binding contract between the employer and the employees. This decision underscored the importance of ensuring that enterprise agreements adhere to the legal standards set out in the Fair Work Act, thereby safeguarding the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established