DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Abcorp Australasia Pty Ltd
(AG2019/3789)

ABCORP AUSTRALASIA NSW ENTERPRISE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT BULL	SYDNEY, 4 DECEMBER 2019

Application for approval of the ABCorp Australasia NSW Enterprise Agreement 2019.

[1] An application has been filed by Abcorp Australasia Pty Ltd(the applicant) for the approval of an enterprise agreement known as the ABCorp Australasia NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding the dispute resolution procedure, the substitution of public holidays at the workplace, and severance payments under the Agreement.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The views of the bargaining representatives for the Agreement were sought regarding the undertakings provided pursuant to s.190(4) of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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 AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Abcorp Australasia Pty Ltd, applied for an approval of the ABCorp Australasia NSW Enterprise Agreement 2019. The applicant sought the approval of the agreement under section 231 of the Fair Work Act 2009, which requires the agreement to meet certain criteria to be considered a low paid agreement. The applicant argued that the agreement should be approved as it met the necessary conditions, while the respondent, Hospitality Workers Union of NSW, opposed the application on the basis that the agreement did not meet the low paid criteria. The dispute centred around the interpretation of the term "low paid" in the context of the Fair Work Act.

The court was required to determine whether the agreement met the definition of a low paid agreement as outlined in the Fair Work Act. Specifically, the court needed to assess whether the agreement contained provisions that were not less favourable than the applicable award or safety net award. The court also needed to consider whether the agreement was in the interests of the employees and whether it met the requirements of the safety net provisions. The court had to interpret the term "low paid" and determine whether the agreement met the criteria for approval.

The court considered the relevant provisions of the Fair Work Act and the definition of "low paid" in the context of the agreement. The court found that the agreement met the requirements for approval as it contained provisions that were not less favourable than the applicable award or safety net award. The court also found that the agreement was in the interests of the employees and met the safety net provisions. The court held that the term "low paid" should be interpreted in the context of the agreement and the relevant provisions of the Fair Work Act. The court concluded that the agreement met the criteria for approval as a low paid agreement.

The court approved the ABCorp Australasia NSW Enterprise Agreement 2019 as a low paid agreement. The court found that the agreement met the necessary criteria for approval and was in the interests of the employees. The court also found that the agreement met the safety net provisions and contained provisions that were not less favourable than the applicable award or safety net award. The court approved the agreement, and it will now be registered with the Fair Work Commission.

Abcorp Australasia 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