Acco Brands Australia Pty Limited

[2025] FWCA 206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acco Brands Australia Pty Limited

(AG2024/4672)

ACCO BRANDS AUSTRALIA PTY LTD NSW DISTRIBUTION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 20 JANUARY 2025

Application for approval of the ACCO Brands Australia Pty Ltd NSW Distribution Enterprise Agreement 2024

Introduction

Acco Brands Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the ACCO Brands Australia Pty Ltd NSW Distribution Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 May 2024 and the Agreement was made on 21 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

The NERR was initially issued to employees at the notification time of 14 May 2024. However, it was not issued in the correct form, nor was it issued to all employees who were to be subject to the Agreement (the latter arising due to a change to the scope of employees to be covered by the Agreement during the bargaining process). The Employer subsequently provided the correct version of the NERR to all employees to be covered by the Agreement on 30 October 2024. Noting that this date was more than 14 days after the notification time for the Agreement, the Employer provided submissions that this matter constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Delegates’ Rights Term

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The United Workers Union (UWU), 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 UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 30 June 2027

DEPUTY PRESIDENT

ANNEXURE A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

The matter involved Acco Brands Australia Pty Limited, which applied for the approval of the ACCO Brands Australia Pty Ltd NSW Distribution Enterprise Agreement 2024. The application was before the Fair Work Commission. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was in the interests of the employees and if it complied with the relevant provisions of the Act, including ensuring fair and reasonable terms and conditions of employment.

The legal issues before the commission included whether the agreement provided for terms and conditions that were fair and reasonable, whether it allowed for genuine consultation and negotiation between the employer and employees, and whether it met the statutory requirements for approval. The commission also had to consider if the agreement was likely to achieve a cooperative and productive workplace relationship and if it was consistent with the principles of the National Employment Standards.

After reviewing the submissions and the evidence presented, the commission found that the agreement was fair and reasonable. It provided for terms and conditions that were consistent with the broader principles of the Fair Work Act. The commission determined that the agreement had been negotiated in good faith and met the statutory requirements for approval. The agreement was found to promote a cooperative and productive workplace relationship and aligned with the National Employment Standards. Consequently, the commission approved the agreement, enabling it to come into effect from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established