Heinemann Australia Pty Ltd

Case

[2023] FWCA 27

4 JANUARY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE518785  PR749403>

Annexure A

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