DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2020/491)

HUHTAMAKI AUSTRALIA PTY LTD - WINDSOR SITE ENTERPRISE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT CROSS	SYDNEY, 24 APRIL 2020

Application for approval of the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2019 (‘the Agreement’). The application was made by Huhtamaki Australia Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (‘the AMWU’), has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Huhtamaki Australia Pty Ltd applied to the Fair Work Commission for approval of the Windsor Site Enterprise Agreement 2019. The agreement was intended to govern the employment terms of certain workers at the Windsor site. The dispute arose from disagreements between the employer and the union, Australian Manufacturing Workers' Union, regarding the terms and conditions of employment. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement had been made in accordance with the provisions of the Fair Work Act and whether it met the criteria for being a genuine enterprise agreement. Specifically, the Commission needed to ensure that the agreement was made without coercion, contained appropriate minimum terms, and was supported by a majority of the relevant employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided a safety net for employees not covered by the agreement.

The Fair Work Commission carefully examined the process through which the agreement was made, confirming that it was not made under duress and that the employees had genuinely participated in the negotiation process. The Commission found that the agreement contained all the required minimum terms and that it had been supported by a majority of the employees. The Commission also concluded that the agreement was in the best interests of the employees, providing a fair and reasonable set of terms and conditions. Given these findings, the Commission approved the agreement, finding it to be a genuine enterprise agreement that met all legal requirements.

As a result of the Commission's decision, the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2019 was approved and is now legally binding on the employer and the employees covered by the agreement. This approval ensures that the terms and conditions of employment at the Windsor site are governed by this agreement, providing clarity and stability for both the employer and the employees.

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