DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2020/3307)

HUHTAMAKI AUSTRALIA PTY LTD, MOULDED FIBRE DIVISION, MAINTENANCE PRESTON PLANT, ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2020 (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.

[2] The Agreement does not cover all of the employees of Huhtamaki Australia Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair WorkRegulations 2009 is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] 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) and based on the statutory declaration provided by each of the AMWU, I note that the Agreement covers the AMWU.

[6] The Agreement was approved on 20 November 2020 and, in accordance with s.54, will operate from 27 November 2020. The nominal expiry date of the Agreement is 2 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Huhtamaki Australia Pty Ltd, specifically its Moulded Fibre Division, made an application to the Fair Work Commission for the approval of an enterprise agreement. The agreement in question was the Maintenance Preston Plant, Enterprise Agreement, 2020. The legal issues at the heart of this case revolved around whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Key points included whether the agreement met the provisions for good faith bargaining and if it appropriately covered the necessary terms and conditions of employment.

The Fair Work Commission examined the application to determine if the proposed agreement was fairly and genuinely negotiated and if it included the mandated minimum terms and conditions. The Commission looked into whether the agreement was made in good faith and whether it was free from any improper influences. Furthermore, the Commission needed to assess if the agreement was in line with the provisions of the Fair Work Act, particularly focusing on the mandated minimum terms and conditions of employment.

In its decision, the Fair Work Commission concluded that the application met the statutory requirements for approval. The Commission found that the agreement was genuinely and fairly negotiated, and it contained all the required minimum terms and conditions as stipulated by the Fair Work Act. The Commission noted that the agreement provided a fair and reasonable outcome for both the employer and the employees, and it did not contain any provisions that would undermine the mandated minimum standards of employment. Consequently, the Fair Work Commission approved the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2020.

Huhtamaki Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established