Huhtamaki Australia Pty Ltd T/A Huhtamaki Australia Pty Ltd

[2022] FWCA 4156

[2022] FWCA 4156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd T/A Huhtamaki Australia Pty Ltd

(AG2022/4610)

Huhtamaki Australia Pty Ltd - Windsor Site Enterprise Agreement 2022

Graphic Arts
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 NOVEMBER 2022

Application for approval of the Huhtamaki Australia Pty Ltd – Windsor Site Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Huhtamaki Australia Pty Ltd – Windsor Site Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Huhtamaki Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

1. 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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