Huhtamaki Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Huhtamaki Australia Pty Ltd sought approval of their 2013 Enterprise Agreement, which was to cover the Moulded Fibre Division of their Preston Plant. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the criteria under the Fair Work Act 2009. The application came before the Commission's delegate, who was required to determine if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the provisions of the Act.

The key legal issue before the Commission was whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the balance of rights and obligations, and the overall fairness of the agreement. The Commission had to consider the various provisions of the agreement, including those related to wages, hours of work, and other employment conditions, to ensure that they met the statutory requirements. Additionally, the Commission had to ensure that the agreement was not contrary to public policy, and that it did not undermine the protections provided by the Act.

The Commission delegate found that the agreement met the requirements of the Fair Work Act 2009. The delegate noted that the agreement provided for fair and reasonable terms and conditions, taking into account the balance of rights and obligations. The delegate also found that the agreement was not contrary to public policy, and that it did not undermine the protections provided by the Act. The delegate was satisfied that the agreement provided for the fair and reasonable terms and conditions of employment, and that it was consistent with the provisions of the Act.

The Commission approved the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Maintenance Preston Plant, Enterprise Agreement, 2013, subject to the terms and conditions set out in the agreement. The approval was effective from the date of the decision, and the agreement was registered with the Fair Work Commission.

Huhtamaki Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established