Huhtamaki Australia Pty Ltd T/A Huhtamaki Australia Pty Ltd Summary

[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

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DEPUTY PRESIDENT BOYCE	SYDNEY, 25 NOVEMBER 2022

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

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

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

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.

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Huhtamaki Australia Pty Ltd for the approval of their proposed Enterprise Agreement, specifically the Huhtamaki Australia Pty Ltd – Windsor Site Enterprise Agreement 2022. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration by the Fair Work Commission. The respondents to the application included certain employee representatives and the Australian Manufacturing Workers' Union, who contested the agreement on various grounds.

The key legal issues that the Commission had to address included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained the minimum terms and conditions mandated by the Act, and whether it was in the best interests of the employees covered by the agreement. Additionally, the Commission had to consider whether the agreement complied with the 'better off overall test' and whether it had been fairly negotiated. The respondents argued that the agreement failed to provide adequate protections and benefits to employees, particularly in areas such as shift penalties, overtime, and penalty rates.

The Fair Work Commission, after thorough examination of the submissions and evidence presented by both parties, found that the proposed agreement complied with the statutory requirements for approval. The Commission determined that the agreement met the procedural fairness standards and contained all the minimum terms and conditions stipulated by the Act. It was also concluded that the agreement was in the best interests of the employees, passing the 'better off overall test'. The Commission accepted that the agreement provided fair and reasonable terms for the employees, and there was no evidence of unfair negotiation practices. Consequently, the Commission approved and registered the Huhtamaki Australia Pty Ltd – Windsor Site Enterprise Agreement 2022.

In light of the above, the Fair Work Commission made an order approving and registering the Huhtamaki Australia Pty Ltd – Windsor Site Enterprise Agreement 2022, effective from the date of the order. The agreement was deemed to be a lawful and binding enterprise agreement under the Fair Work Act 2009.

Huhtamaki Australia Pty Ltd T/A 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