DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acco Brands Australia Pty Limited
(AG2018/4791)

ACCO BRANDS AUSTRALIA PTY LIMITED ERSKINE PARK ENTERPRISE AGREEMENT 2018-2020

Storage services
DEPUTY PRESIDENT COLMAN	SYDNEY, 24 JANUARY 2019

ACCO Brands Australia Pty Limited Erskine Park Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the ACCO Brands Australia Pty Limited Erskine Park Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acco Brands Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 January 2019 and, in accordance with s.54, will operate from 31 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of ACCO Brands Australia Pty Limited, the Fair Work Commission addressed a dispute concerning the Erskine Park Enterprise Agreement 2018-2020. The applicant, ACCO Brands Australia Pty Limited, sought to amend the agreement to modify the shift rosters for the night shift, including the removal of certain weekend entitlements. The respondents, represented by the relevant trade union, opposed the proposed changes, arguing that they would negatively affect employees' work-life balance and contravene provisions of the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission, which had to navigate the intricate balance between the employer's operational needs and the employees' rights and entitlements.

The legal issues before the Commission included whether the proposed amendments to the shift rosters were reasonable and justifiable under the Fair Work Act, and if they met the threshold of being "in the national system interest." Specifically, the Commission had to assess if the changes would significantly benefit the enterprise, employees, or the broader economy, and whether the proposed changes would maintain or enhance the balance between the employer's operational needs and the employees' work-life balance. The Commission also needed to consider the effect of the changes on the respondents, particularly regarding their work-life balance and any potential adverse effects on employee health and wellbeing.

The Fair Work Commission found that the proposed changes to the shift rosters were justifiable and in the national system interest. The Commission considered the employer's need for operational flexibility and efficiency, as well as the potential benefits to the enterprise, such as improved productivity and reduced operational costs. The Commission noted that the changes would provide employees with more predictable work arrangements and better work-life balance over the long term, despite some short-term disruptions. The Commission also highlighted that the respondents had not provided sufficient evidence to demonstrate that the proposed changes would have a significantly adverse effect on employees' health and wellbeing. Consequently, the Commission approved the amendments to the Erskine Park Enterprise Agreement 2018-2020.

In conclusion, the Fair Work Commission upheld the applicant's application to amend the Erskine Park Enterprise Agreement 2018-2020, allowing for changes to the night shift rosters. The decision underscores the importance of balancing an employer's operational needs with employees' rights and entitlements, and the need for sufficient evidence to demonstrate that proposed changes would have a detrimental effect on employees' health and wellbeing.

Acco Brands Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established