Huhtamaki Australia Pty Limited Trading AS Huhtamaki Australia Limited Summary

[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

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

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

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)

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

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.

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

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

CaseChat Overview and Summary

In the Fair Work Commission, Huhtamaki Australia Pty Limited, trading as Huhtamaki Australia Limited, applied for the approval of the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2025. This enterprise agreement was to govern the terms and conditions of employment for employees at the Windsor site. The applicant submitted the agreement for approval under section 231 of the Fair Work Act 2009, claiming it met the requirements for a simple summary agreement. The application was brought before Commissioner Azzopardi.

The central legal issue before the Commission was whether the enterprise agreement satisfied the criteria for a simple summary agreement as outlined in section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained only matters that could be dealt with in a simple summary agreement and if it complied with the procedural requirements set out in the Act. The applicant argued that the agreement was a simple summary agreement as it contained only the minimum terms and conditions required by law and did not include any contentious or complex provisions.

The Commission considered the provisions of the agreement and the arguments presented by both parties. The applicant provided evidence that the agreement contained only the minimum terms and conditions required by law, and that it had been negotiated in good faith. The Commission found that the agreement did indeed meet the criteria for a simple summary agreement as it contained only the minimum terms and conditions and did not include any contentious or complex provisions. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any procedural irregularities in its creation. As such, the Commission approved the agreement under section 231 of the Fair Work Act 2009.

Huhtamaki Australia Pty Limited Trading AS Huhtamaki Australia Limited

CaseChat Overview and Summary

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Background to the litigation

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