H.J Heinz Company Australia Ltd T/A The Kraft Heinz Company

[2022] FWCA 1928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

H.J Heinz Company Australia Ltd T/A The Kraft Heinz Company

(AG2022/1652)

Kraft Heinz Company (Seven Hills) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 JUNE 2022

Application for approval of The Kraft Heinz Company (Seven Hills) Enterprise Agreement 2022

H.J Heinz Company Australia Ltd T/A The Kraft Heinz Company (the Employer) has made an application for approval of an enterprise agreement known as The Kraft Heinz Company (Seven Hills) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 14 June 2022 and, in accordance with s 54, will operate from 21 June 2022. The nominal expiry date of the Agreement is 14 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, The Kraft Heinz Company Australia Ltd, trading as The Kraft Heinz Company, applied to the Fair Work Commission for approval of the proposed Enterprise Agreement. The respondents, who included various unions, opposed the application on several grounds, including that the proposed agreement did not adequately protect employees' rights and entitlements. The matter was heard in the Fair Work Commission.

The primary legal issues the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning employees' pay and conditions, and whether the agreement provided fair and reasonable terms for the employees. The court also needed to consider whether the agreement adequately protected employees' rights and entitlements, including provisions for minimum wage rates, penalty rates, leave entitlements, and other conditions of employment.

The Fair Work Commission, in delivering its decision, found that the proposed agreement provided for fair and reasonable terms for the employees and met the requirements of the Fair Work Act 2009. The court considered that the proposed agreement provided for minimum wage rates, penalty rates, and leave entitlements that were consistent with the relevant awards and legislation. The court also found that the proposed agreement provided for adequate protections for employees, including provisions for dispute resolution and the right to request flexible working arrangements. The application for approval of the proposed Enterprise Agreement was therefore approved.

The Fair Work Commission ordered that the proposed Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on the parties and will apply to the employees covered by the agreement. The approval of the agreement will provide certainty and stability for the employees and the company, and will help to ensure that the employees are paid fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established