DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABnote Australasia Pty Ltd
(AG2016/7086)

ABNOTE AUSTRALASIA NSW ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the ABnote Australasia NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ABnote Australasia NSW Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ABnote Australasia 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ABnote Australasia Pty Ltd sought approval for the ABnote Australasia NSW Enterprise Agreement 2016 in the Fair Work Commission. The application involved the terms and conditions of employment for the company's employees, focusing on aspects such as wages, working hours, leave entitlements, and other employment-related matters. The dispute primarily revolved around whether the agreement met the necessary legal standards and whether it provided adequate protection for the employees' rights and interests.

The legal issues before the commission included whether the agreement was made in good faith, if it covered all mandatory terms, and whether it provided for fair and reasonable terms and conditions. Additionally, the commission had to consider whether the agreement was appropriately negotiated and if it provided for the fair resolution of disputes. The Fair Work Act 2009 required that the agreement be approved if it met the criteria set out in the legislation.

In evaluating the application, the commission found that the ABnote Australasia NSW Enterprise Agreement 2016 was made in good faith and covered all mandatory terms. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it was appropriately negotiated. The commission also concluded that the agreement provided for the fair resolution of disputes. Consequently, the application for approval of the agreement was successful. The final orders confirmed the approval of the ABnote Australasia NSW Enterprise Agreement 2016, allowing it to come into effect as a legally binding document governing the employment terms of the company's employees.

ABnote 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