DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HJ Heinz Company Australia Limited
(AG2017/6794)

H.J. HEINZ COMPANY AUSTRALIA LTD ENTERPRISE AGREEMENT 2017 (WAGGA WAGGA PLANT)

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 JANUARY 2018

Application for approval of the H.J. Heinz Company Australia Ltd Enterprise Agreement 2017 (Wagga Wagga Plant).

[1] An application has been made for approval of an enterprise agreement known as the H.J. Heinz Company Australia Ltd Enterprise Agreement 2017 (Wagga Wagga Plant) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HJ Heinz Company Australia Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2018. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of HJ Heinz Company Australia Limited, the Fair Work Commission was called upon to decide whether to approve the H.J. Heinz Company Australia Ltd Enterprise Agreement 2017 (Wagga Wagga Plant). The agreement had been submitted for approval by the employer, and the Fair Work Ombudsman had intervened in the proceedings to argue that certain provisions of the agreement were not compliant with the Fair Work Act 2009.

The primary legal issues before the Commission involved whether certain provisions of the enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Fair Work Ombudsman argued that some provisions of the agreement were not in accordance with the requirements for enterprise agreements under the Act, including provisions relating to employee entitlements and classification.

In reaching its decision, the Commission noted that while the agreement contained some provisions that were not compliant with the Act, these issues could be resolved through minor amendments. The Commission found that the overall agreement provided for a fair and reasonable outcome for employees and employers and was in the best interests of the parties involved. Accordingly, the Commission approved the enterprise agreement, subject to certain amendments being made to address the non-compliant provisions. The employer was directed to make these amendments and to provide a copy of the amended agreement to the Fair Work Ombudsman and the Commission within a specified timeframe.

The final orders of the Commission included the approval of the enterprise agreement, subject to the aforementioned amendments. The employer was also ordered to take all necessary steps to give effect to the approved agreement and to provide copies of the amended agreement to the relevant parties. The Fair Work Ombudsman's intervention was noted, and the Commission acknowledged the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act.

HJ Heinz Company Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established