Huhtamaki Australia Pty Limited Trading AS Huhtamaki Australia Limited

[2025] FWCA 3169

[2025] FWCA 3169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Huhtamaki Australia Pty Limited Trading AS Huhtamaki Australia Limited

(AG2025/2982)

HUHTAMAKI AUSTRALIA PTY LTD - WINDSOR SITE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 SEPTEMBER 2025

Application for approval of the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement to be known as the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Huhtamaki Australia Pty Limited Trading AS Huhtamaki Australia Limited (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding the Notice of Employee Representational Rights (NERR) being provided to relevant employees on company letterhead.[1] Having regard to the submissions of the Employer provided on 18 September 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Undertakings

1. The Employer has provided written undertakings dated 18 September 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Graphic Arts, Printing and Publishing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE530508  PR791905>