Huhtamaki Australia Pty Ltd

[2020] FWCA 6237

[2020] FWCA 6237

FAIR WORK COMMISSION

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

<AE509582  PR724734>