DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACCO Brands Australia Pty Limited T/A ACCO Brands
(AG2019/2312)

ACCO BRANDS AUSTRALIA PTY LIMITED ARNDELL PARK ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	SYDNEY, 8 JULY 2019

Application for approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2019 (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 T/A ACCO Brands. 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 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) 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 15 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, ACCO Brands Australia Pty Limited trading as ACCO Brands, sought approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2019. The respondents, who included several unions representing the employees, opposed the application. The dispute centred on the terms of the proposed agreement and whether it met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The unions argued that the agreement did not adequately address certain terms and conditions, including those related to leave, pay rates, and other employment benefits.

After considering the submissions from both parties, the court found that the agreement largely complied with the procedural and substantive requirements of the Fair Work Act. The court noted that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. While the court acknowledged that there were some areas of concern raised by the unions, it found that these did not outweigh the overall benefits of the agreement for the employees. The court was satisfied that the agreement was in the best interests of the employees and approved it accordingly.

In approving the agreement, the court made an order under section 233 of the Fair Work Act. The order provided that the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2019 was approved as a registered agreement. The agreement will now apply to the employees covered by it, and the terms and conditions set out in the agreement will be binding on both the employer and the employees.

ACCO Brands Australia Pty Limited T/A ACCO Brands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established