DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACCO Brands Australia Pty Ltd
(AG2020/2842)

ACCO BRANDS AUSTRALIA PTY LIMITED ERSKINE PARK ENTERPRISE AGREEMENT 2020-2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 OCTOBER 2020

Application for approval of the ACCO Brands Australia Erskine Park Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the ACCO Brands Australia Erskine Park Enterprise Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ACCO Brands Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACCO Brands Australia Pty Ltd sought approval of the ACCO Brands Australia Erskine Park Enterprise Agreement 2020-2022. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The key issues were whether the agreement had been made in good faith and whether it contained all the prescribed minimum terms and conditions.

The Fair Work Commission examined the evidence presented and considered whether the agreement was made without coercion, duress or any other inappropriate conduct. It also considered whether the agreement provided for all the prescribed minimum terms and conditions as required by the Fair Work Act. The Commission found that the agreement had been made in good faith and contained all the prescribed minimum terms and conditions. It was satisfied that the agreement was fair and reasonable, and therefore approved it.

The Fair Work Commission approved the ACCO Brands Australia Erskine Park Enterprise Agreement 2020-2022. It found that the agreement had been made in good faith and contained all the prescribed minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, and therefore approved it. The final orders were that the agreement be approved as a registered agreement under the Fair Work Act 2009.

ACCO Brands Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established