DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Acco Brands Australia Pty Limited
(AG2018/5221)

ACCO BRANDS AUSTRALIA MULTISTAMP ERSKINE PARK ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for approval of the ACCO Brands Australia Multistamp Erskine Park Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACCO Brands Australia Multistamp Erskine Park Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 11 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Special Projects Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute between Acco Brands Australia Pty Limited and its employees, as represented by the relevant union. The issue was the approval of the ACCO Brands Australia Multistamp Erskine Park Enterprise Agreement 2018. The case was heard in the Fair Work Commission of Australia. The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, and if it provided for the proper operation of enterprises. The Fair Work Commission found that the agreement was made in good faith and that it provided for the proper operation of enterprises. The Commission emphasised the importance of the parties negotiating in good faith and reaching an agreement that balanced the interests of both employers and employees. The Commission was satisfied that the agreement met the necessary statutory requirements and approved it accordingly.

The Fair Work Commission noted the evidence provided by both parties and the steps taken to negotiate the agreement. The Commission was satisfied that the agreement was not only made in good faith but also provided for the proper operation of enterprises. The Commission also considered the views of the employees and found that the majority supported the agreement. This, combined with the good faith negotiations, led to the conclusion that the agreement met the statutory requirements for approval. The Commission approved the ACCO Brands Australia Multistamp Erskine Park Enterprise Agreement 2018, which now legally binds both the employer and the employees. This decision ensures that the agreement remains in force, providing a framework for the relationship between Acco Brands Australia Pty Limited and its employees.

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