H.J Heinz Company Australia Ltd T/A The Kraft Heinz Company
[2025] FWCA 131
•14 JANUARY 2025
| [2025] FWCA 131 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
H.J Heinz Company Australia Ltd T/A The Kraft Heinz Company
(AG2024/5040)
H.J HEINZ COMPANY AUSTRALIA LTD ENTERPRISE AGREEMENT 2024 (WAGGA WAGGA PLANT)
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER P RYAN | SYDNEY, 14 JANUARY 2025 |
Application for approval of the H.J Heinz Company Australia Ltd Enterprise Agreement 2024 (Wagga Wagga Plant)
H.J Heinz Company Australia Ltd (Employer) has made an application for approval of an enterprise agreement known as the H.J Heinz Company Australia Ltd Enterprise Agreement 2024 (Wagga Wagga Plant) (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
One issue that arose relates to the rates of pay that apply to apprentices and labour hire employees. The Employer confirmed that those employees receive the same rate of pay as full-time employees under the Agreement.
Section 183 Bargaining Representative
The Australasian Meat Industry Employees Union (AMIEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the AMIEU and the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 21 January 2025. The nominal expiry date of the Agreement is 1 August 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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