HJ Heinz Company Australia Limited

[2014] FWCA 5567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HJ Heinz Company Australia Limited
(AG2014/1934)

H.J. HEINZ COMPANY AUSTRALIA LTD ENTERPRISE AGREEMENT 2014 (WAGGA WAGGA PLANT)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the H. J. Heinz Company Australia Ltd Enterprise Agreement 2014 (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 2014 (Wagga Wagga Plant) (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australasian Meat Industry Employees Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 1 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The HJ Heinz Company Australia Limited sought approval for the H. J. Heinz Company Australia Ltd Enterprise Agreement 2014, specifically pertaining to its Wagga Wagga Plant. The application was brought before the Fair Work Commission to determine if the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately provided for the terms and conditions of employment for the workers covered by the agreement.

The court was required to examine if the agreement was made in good faith and whether it contained the necessary provisions for minimum entitlements. This included verifying if the agreement fairly reflected the balance of power between the parties and if it included provisions for the resolution of any disputes. The court also needed to ensure that the agreement did not adversely affect the workers' existing conditions of employment, and that it provided for the protection of employees' rights and interests.

The Fair Work Commission, in its analysis, considered the nature of the agreement, the bargaining process, and the terms of the agreement itself. The court found that the agreement was made in good faith and contained the required provisions for minimum entitlements. It also determined that the agreement did not unfavourably impact the workers' existing conditions and provided adequate mechanisms for dispute resolution. Consequently, the court approved the enterprise agreement, acknowledging that it met the legal standards set by the Fair Work Act 2009.

The final order of the court was to approve the H. J. Heinz Company Australia Ltd Enterprise Agreement 2014 as it pertained to the Wagga Wagga Plant, ensuring that the agreement would govern the terms and conditions of employment for the workers covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established