AIW Printing Pty Ltd

[2013] FWCA 6833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AIW Printing Pty Ltd
(AG2013/8665)

AIW PRINTING PTY LTD EMPLOYEE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the AIW Printing Pty Ltd Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AIW Printing Pty Ltd Employee Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AIW Printing Pty Ltd. 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 Agreement was approved in Chambers on 10 September 2013 and, in accordance with s.54 of the Act, will operate from 17 September 2013. The nominal expiry date of the Agreement is 10 September 2016.

Printed by authority of the Commonwealth Government Printer

The matter involved AIW Printing Pty Ltd and several of its employees. The employees sought approval of the AIW Printing Pty Ltd Employee Agreement 2013, which outlined the terms and conditions of their employment. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement provided fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement was consistent with the principles of enterprise bargaining and the need to promote harmonious, productive and cooperative workplace relations. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages and conditions that were no worse than the relevant award or safety net.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The agreement provided for a fair and reasonable wage rate, as well as conditions that were no worse than the relevant award or safety net. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and promoted harmonious, productive and cooperative workplace relations. The Commission approved the agreement, subject to certain modifications to address minor concerns about the provisions relating to shift allowances and overtime.

The Commission ordered that the AIW Printing Pty Ltd Employee Agreement 2013 be approved, subject to the modifications made by the Commission. The modifications related to the provisions concerning shift allowances and overtime, and were aimed at ensuring that the agreement provided for fair and reasonable terms and conditions of employment. The employees and AIW Printing Pty Ltd were required to comply with the approved agreement, which would now govern the terms and conditions of their employment.

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