H.J Heinz Company Australia Ltd Summary

[2025] FWCA 2053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

H.J Heinz Company Australia Ltd

(AG2025/1806)

GOLDEN CIRCLE LIMITED – UNITED WORKERS’ UNION (UWU)- ENTERPRISE PRODUCTION AND DISTRIBUTION (NORTHGATE) AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER DURHAM	BRISBANE, 23 JUNE 2025

Application for approval of the Golden Circle Limited – United Workers' Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024

An application has been made for approval of an enterprise agreement known as the Golden Circle Limited – United Workers’ Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H.J Heinz Company Australia Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 10 of the Agreement and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

On 18 June 2025, the United Workers’ Union (UWU) noted a typographical error regarding reference to themselves in the Agreement. On 19 June 2025, the Applicant subsequently filed an amended version of the Agreement which corrected the typographical errors at clauses 1, 7.2, 8.2 as well as the title page and signatory page of the Agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heinz Company Australia Ltd sought approval from the Fair Work Commission for the Golden Circle Limited – United Workers' Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024. The agreement sought to establish terms and conditions for employees working within the Heinz production facility at Northgate. The United Workers' Union (UWU) represented the employees in the negotiations and the application for approval.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, covered a class of employees or employers, and did not discriminate against any individual or group of individuals. The Commission also had to assess if the agreement contained appropriate dispute resolution mechanisms and adhered to the relevant minimum terms and conditions.

In delivering its decision, the Commission noted that the agreement was the product of genuine negotiations between Heinz and the UWU. The Commission found that the agreement was comprehensive, covering all relevant employees and employers, and did not discriminate against any particular group. Furthermore, the Commission was satisfied that the agreement included suitable dispute resolution processes and complied with the minimum terms and conditions prescribed by the Fair Work Act 2009. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Golden Circle Limited – United Workers' Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024. The Commission's approval is effective from the date of the decision and will apply to all employees and employers covered by the agreement. The approval ensures that the terms and conditions outlined in the agreement will be legally binding and enforceable.

H.J Heinz Company Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established