DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huhtamaki Australia Pty Ltd
(AG2017/4107)

HUHTAMAKI AUSTRALIA PTY LTD, MOULDED FIBRE DIVISION, PRESTON PLANT, ENTERPRISE AGREEMENT, 2017

Application for approval of the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Preston Plant, Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Huhtamaki Australia Pty Ltd, Moulded Fibre Division, Preston Plant, Enterprise Agreement, 2017 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Huhtamaki Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I identified to the parties a concern I held in relation to clause 2.2 of the Agreement. The Applicant subsequently provided a written undertaking in response to my concern and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives in respect of the undertaking. The Construction, Forestry, Mining and Energy Union (CFMEU), being the bargaining representative for the Agreement, has advised that it supports the undertaking provided.

[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] Against that background, 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

[6] The CFMEU has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 28 September 2017. The nominal expiry date of the Agreement is 10 May 2020.

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APPENDIX A