DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abaris Printing and Publishing Co Pty Ltd
(AG2015/3834)

ABARIS PRINTING & PUBLISHING AGREEMENT 2015

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 13 JULY 2015

Application for approval of the Abaris Printing & Publishing Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Abaris Printing & Publishing Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abaris Printing and Publishing Co Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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 the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 13 July 2015 and, in accordance with s.54 of the Act, will operate from 20 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Abaris Printing and Publishing Co Pty Ltd sought approval of the Abaris Printing & Publishing Agreement 2015. The matter concerned the implementation of a new enterprise agreement between the company and its employees, which was intended to replace an existing agreement. The dispute centred on whether the agreement satisfied the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement was bona fide, whether it was appropriately certified by the Fair Work Commission, and whether the process for reaching the agreement was compliant with the Act. Additionally, the court considered whether the agreement met the standards of procedural fairness and whether it contained the necessary protections for employees.

The court examined the evidence provided, including the certification process by the Fair Work Commission, and found that the agreement was indeed bona fide. The court also confirmed that the agreement was appropriately certified and that the process for reaching the agreement was compliant with the requirements of the Fair Work Act. The court concluded that the agreement met the necessary standards of procedural fairness and provided adequate protections for employees. Consequently, the court approved the Abaris Printing & Publishing Agreement 2015.

Following the court's decision, the Abaris Printing & Publishing Agreement 2015 was approved and is now in effect. This decision ensures that the new agreement is legally binding and will govern the employment conditions between Abaris Printing and Publishing Co Pty Ltd and its employees.

Abaris Printing and Publishing Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established