DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACCO Brands Australia Pty Limited T/A ACCO Brands
(AG2017/5993)

ACCO BRANDS AUSTRALIA PTY LIMITED ARNDELL PARK ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 FEBRUARY 2018

Application for approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2017. (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from ACCO Brands Australia Pty Limited T/A ACCO Brands. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, ACCO Brands Australia Pty Limited trading as ACCO Brands, applied for the approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2017. The applicant sought the approval of the enterprise agreement in accordance with the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the "better off overall test" and contained provisions that were contrary to public policy.

The central issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it satisfied the "better off overall test" and did not contravene any provisions of the Act. The court needed to determine if the agreement provided employees with a fair and reasonable level of benefits compared to their previous conditions, and whether any terms in the agreement were against public policy.

The court found that the agreement did meet the "better off overall test" and did not contain any terms that contravened the Act. The court acknowledged the arguments presented by the union but concluded that the agreement provided employees with fair and reasonable benefits and did not conflict with any statutory provisions. The court approved the enterprise agreement, allowing it to come into effect as per the terms outlined in the document.

The court ordered the approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the court's approval. The decision was made in accordance with the Fair Work Act 2009 and the relevant provisions of the Act.

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