DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2017/4107)

HUHTAMAKI AUSTRALIA PTY LTD, MOULDED FIBRE DIVISION, PRESTON PLANT, ENTERPRISE AGREEMENT, 2017

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Preston Plant, Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Preston Plant, Enterprise Agreement, 2017 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Huhtamaki Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I identified to the parties a concern I held in relation to clause 2.2 of the Agreement. The Applicant subsequently provided a written undertaking in response to my concern and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives in respect of the undertaking. The Construction, Forestry, Mining and Energy Union (CFMEU), being the bargaining representative for the Agreement, has advised that it supports the undertaking provided.

[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] Against that background, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met

[6] The CFMEU has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 28 September 2017. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Huhtamaki Australia Pty Ltd sought approval of a new enterprise agreement. The application was heard in the Fair Work Commission. The dispute centered on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the fairness of its terms and conditions. The key issue was whether the agreement had been fairly negotiated and if it provided for the appropriate minimum rights and protections for employees.

The Commission examined the negotiation process and the content of the agreement, including provisions on wages, hours, leave, and dispute resolution. The applicant argued that the agreement was fair and reasonable, while the objector contended that certain terms were not adequately negotiated and failed to meet minimum standards. The Commission assessed the evidence presented, including witness testimonies and documentary evidence, to determine if the agreement was made in good faith and met the statutory requirements.

The Fair Work Commission found that the agreement had been fairly negotiated and contained terms that were fair and reasonable. The Commission was satisfied that the process followed was transparent and that the parties had acted in good faith. The agreement was approved as it provided for minimum entitlements and had been made in accordance with the Act. The Commission emphasised the importance of ensuring fair terms and conditions while allowing for flexibility in enterprise bargaining. The Commission's decision was final and binding under the Act.

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