Heinemann Australia Pty Ltd

[2023] FWCA 27

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heinemann Australia Pty Ltd

(AG2022/5224)

HEINEMANN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER JOHNS	MELBOURNE, 4 JANUARY 2023

Application for approval of the Heinemann Australia Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Heinemann Australia Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heinemann Australia Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Heinemann Australia Pty Ltd applied for approval of the Enterprise Agreement 2023. The application was made in accordance with the Fair Work Act 2009, seeking to have the agreement registered and enforced. The dispute centred on the terms and conditions of employment for the company's employees and the provisions outlined in the proposed agreement.

The key legal issues before the Commission included whether the agreement complied with the statutory requirements under the Fair Work Act, particularly in relation to the mandatory terms, and if it had been genuinely bargained between the employer and the employees. The Commission had to ensure that the agreement did not undermine the safety nets provided by the Act and that it was consistent with the principles of industrial justice and fairness.

The Commission found that the agreement met the statutory requirements and was genuinely bargained. The terms of the agreement were deemed to be fair and reasonable, providing for appropriate protections for the employees while also accommodating the business needs of the employer. The Commission noted the efforts made by both parties to reach a consensus and the provisions in the agreement that aligned with the broader objectives of the Fair Work Act.

The Commission approved the Heinemann Australia Pty Ltd Enterprise Agreement 2023, registering it as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement will be legally enforceable, providing clarity and certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established