ACCO Brands Australia Pty Ltd T/A ACCO Brands Australia

[2021] FWCA 6400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACCO Brands Australia Pty Ltd T/A ACCO Brands Australia
(AG2021/7807)

ACCO BRANDS AUSTRALIA PTY LIMITED ARNDELL PARK ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 OCTOBER 2021

Application for approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2021 (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 Ltd T/A ACCO Brands Australia. 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 United Workers’ Union 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 29 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ACCO Brands Australia Pty Ltd, trading as ACCO Brands Australia, applied to the Fair Work Commission for the approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2021. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court responsible for reviewing and approving the enterprise agreement.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement had been made genuinely and in good faith, and whether it complied with the procedural requirements of the Act. The Commission also needed to determine if the agreement was free from any unfair content, and whether it provided for an appropriate mechanism for its review and amendment.

The Commission found that the agreement satisfied all the mandatory terms and was made genuinely and in good faith. The procedural requirements were also met, and there was no unfair content in the agreement. The Commission concluded that the agreement was appropriate and approved it. The applicant's application was successful, and the Fair Work Commission granted the approval of the ACCO Brands Australia Pty Limited Arndell Park Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established