DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2016/6637)

HUHTAMAKI AUSTRALIA PTY LTD - WINDSOR SITE ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Huhtamaki Australia Pty Ltd applied for approval of their 2016 Windsor Site Enterprise Agreement with the Fair Work Commission. The application was brought by the employer, Huhtamaki Australia, and opposed by the Australian Manufacturing Workers' Union (AMWU). The crux of the dispute lay in the terms of the proposed enterprise agreement, particularly concerning the classification of employees and the application of the agreement to specific workers.

The legal issues that required resolution involved whether the agreement correctly classified the employees and if the application process adhered to the necessary legal requirements. Additionally, the court had to consider whether the agreement met the standards set by the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions.

The Fair Work Commission evaluated the evidence presented and determined that the application for approval of the agreement was valid. The Commission found that the classification of employees was correctly handled and that the agreement met the necessary standards for approval. The Commission noted that the agreement provided fair and reasonable terms, and it did not disadvantage any employees. As a result, the Commission approved the application, allowing the agreement to come into effect.

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