Application for approval of the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2025

[1] An application has been made for approval of a single enterprise agreement known as the H.J. Heinz Company Australia Ltd Echuca Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The application has been made by HJ Heinz Company Australia Ltd (employer).

[2] The Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the agreement, has given notice under s.183 that it wants the Agreement to cover the AMWU. In accordance with s.201(2) I therefore note that the Agreement covers the AMWU. By way of declaration in a Form F18 filed with the Commission, the AMWU has supported the approval of the Agreement and indicated that it is of the view that the Agreement passes the better off overall test.

[3] Prior to approving the agreement, it was necessary to make some further enquiries of the employer and the two bargaining representatives for the employees relating to following matters:

• (a) The wages applicable to apprentices were unclear, with some inconsistency between the wage rates described in clause 4.7 of Part 2 of the Agreement and the wages specified in clause 13 of the Agreement. Additionally, there was no distinction drawn between adult apprentices and junior apprentices. For example, the $20.93 rate set out on page 31 of the Agreement for year 1 "Metal Electrical Apprentice" was less than the Stage 1 Adult Apprentice rate set out in clause 21.6 of the Manufacturing Award. In these circumstances I requested the issue of apprentice wages to be examined and any necessary undertaking prepared.

• (b) It was not clear from the material provided that the Manufacturing Award, which is incorporated by reference at clause 2.2 of Part 1 of the Agreement, was made available to employees prior to the vote. Some further material was sought on this issue, having regard to paragraphs 4-7 of the Statement of Principles that the Commission is required to "take into account" under section 188(1).

• (c) Clause 12.5 of Part 2 of the Agreement provided notice requirements that are more strict than those imposed by section 107(2)(a) of the Act in respect of the taking of personal leave. The parties' views were sought on whether to approach this issue on the basis that the NES precedence clause in clause 2.4 of Part 1 of the Agreement addresses this issue or whether an undertaking might be offered.

• (d) The Agreement at clause 4 of Part 1 named the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) as one of the parties covered by it. The ETU's status as a bargaining representative is also confirmed in the F16 application filed by the employer. However, the ETU had not supplied an F18 declaration in respect of the application. Inquires were made as to whether it intended to.

[4] In correspondence with chambers, the following resolutions were reached in respect of these issues:

• (a) An undertaking was offered to resolve the issue with respect to Apprentices. The practical effect of the undertaking is that the rates of pay for some apprentices in their first year of an apprenticeship would be those fixed by the Award rather than those set out in clause 13 of the Agreement. I sought further information from the parties on how those apprentices would be better off overall. The Employer provided submissions concerning particular clauses of the agreement that were said to provide benefits over and above the award. Most of these were contingent benefits which are difficult to quantify. However, I accept that the combination of reduced hours of work compared to the award and travel allowances for training (rather than just for block release training) will ensure these apprentices are better off overall.

• (b) Further information provided by the employer demonstrated that the Manufacturing Award and the Food Preservers Award were made available throughout (and beyond) the period that the Agreement was provided to the employees for consideration prior to the vote.

• (c) An undertaking was offered to deal with concern regarding notice requirements for personal leave.

• (d) An F18 declaration had been prepared by ETU but there was an oversight in not providing it together with the other materials. By that declaration, the ETU had indicated that it supported the approval of the agreement and sought to be covered by it. In accordance with s.201(2) I therefore note that the Agreement covers the ETU.

[5] A copy of the undertaking is attached in Annexure A. The AMWU and ETU were afforded an opportunity to provide their views in relation to the undertaking and were supportive of the Agreement being approved with that undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[6] Having taken into account the materials provided with the application for approval and since, and subject to the undertaking referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2025. The nominal expiry date of the Agreement is 30 June 2026.

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