Huhtamaki Australia Pty Ltd

[2014] FWCA 5425

[2014] FWCA 5425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2014/1751)

HUHTAMAKI AUSTRALIA PTY LTD MOULDED FIBRE DIVISION MAINTENANCE PRESTON PLANT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 AUGUST 2014

Application for approval of the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to these undertakings and the AMWU is in support of the undertakings.

[4] Subject to these undertakings, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the 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) of the Act I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2014. The nominal expiry date of the Agreement is 2 February 2016.

COMMISSIONER

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APPENDIX A