Huhtamaki Australia Pty Ltd

[2023] FWCA 3130

[2023] FWCA 3130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd

(AG2023/3253)

HUHTAMAKI AUSTRALIA PTY LTD, FIBRE FOODSERVICE DIVISION, PRESTON PLANT, ENTERPRISE AGREEMENT, 2023

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the Huhtamaki Australia Pty Ltd, Fibre Foodservice Division, Preston Plant, Enterprise Agreement, 2023

1. An application has been made for approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd, Fibre Foodservice Division, Preston Plant, 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 Huhtamaki Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023. Given the notification time for the Agreement was 23 March 2023, the transitional arrangements for the Amending Act provide that the genuine agreement requirements in Part 2-4 of the Act as they stood just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 1 September 2023 the better off overall test provisions in Part 2-4 of the Act as amended on 6 June 2023 apply.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. I note that clause 52(b), relating to employer superannuation contributions being paid to a specific superannuation fund, may be contrary to the Superannuation Guarantee (Administration) Act 1992 and therefore unenforceable.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union, 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 5 October 2023. The nominal expiry date of the Agreement is 10 May 2026.

COMMISSIONER

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