DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd T/A Huhtamaki
(AG2021/4157)

HUHTAMAKI AUSTRALIA PTY LTD, FIBRE FOODSERVICE DIVISION, PRESTON PLANT, ENTERPRISE AGREEMENT, 2020

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2021

Application for approval of the Huhtamaki Australia Pty Ltd, Fibre Foodservice Division, Preston Plant, Enterprise Agreement, 2020.

[1] An application has been made for approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd, Fibre Foodservice Division, Preston Plant, Enterprise Agreement, 2020 (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 T/A Huhtamaki. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Construction, Forestry, Maritime, Mining and Energy Union 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 5 April 2021. The nominal expiry date of the Agreement is 10 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Huhtamaki Australia Pty Ltd T/A Huhtamaki, the applicant, a food packaging company, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, reached between Huhtamaki and the relevant unions, was intended to govern the terms and conditions of employment for workers at Huhtamaki's Preston Plant. The unions argued that the agreement was in the best interests of the employees, while Huhtamaki supported the application, asserting that the agreement was fair and reasonable.

The primary legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees, as required by section 234 of the Fair Work Act 2009. This involved assessing whether the agreement provided a safety net of minimum wages and conditions, allowed for flexibility and adaptability in the workplace, and promoted efficient workplace relations. The Commission also needed to consider any potential impact of the agreement on the employees' rights and entitlements.

The Commission found that the enterprise agreement met the statutory requirements under the Fair Work Act. It provided for a safety net of minimum wages and conditions, allowed for flexibility and adaptability in the workplace, and promoted efficient workplace relations. The agreement also provided for appropriate mechanisms for dispute resolution, and the Commission was satisfied that the agreement was in the best interests of the employees. The Commission approved the enterprise agreement, and it will now be binding on all employees covered by the agreement.

The final orders of the Commission included the approval of the Huhtamaki Australia Pty Ltd, Fibre Foodservice Division, Preston Plant, Enterprise Agreement, 2020, which will now govern the terms and conditions of employment for the relevant employees. The agreement will be registered by the Commission and will be binding on all parties, including Huhtamaki and the relevant unions. The Commission also ordered that the agreement be published on its website and that the parties provide a copy of the agreement to the Fair Work Ombudsman.

Huhtamaki Australia Pty Ltd T/A Huhtamaki

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established