AMR Hewitts PrintPackaging P/L

[2013] FWCA 7990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMR Hewitts PrintPackaging P/L
(AG2013/9697)

AMR HEWITTS PRINTPACKAGING WORKPLACE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 11 OCTOBER 2013

Application for approval of the AMR Hewitts PrintPackaging Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AMR Hewitts PrintPackaging Workplace 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 Rural AMR Hewitts PrintPackaging P/L. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement was approved in Chambers on 11 October 2013 and, in accordance with s.54 of the Act, will operate from 18 October 2013. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AMR Hewitts PrintPackaging P/L applied for the approval of the AMR Hewitts PrintPackaging Workplace Agreement 2013. The application was brought under section 188 of the Fair Work Act 2009, which allows for the registration of a workplace agreement that meets the requirements of the Act. The agreement, if approved, would apply to employees within the packaging division of the company, who are covered by the Packaging, Paper and Cardboard Workers’ Union.

The legal issues the court had to resolve centred on whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the court had to ascertain whether the agreement was made in good faith and whether it included necessary consultation with the relevant unions. Substantively, the court had to ensure that the agreement did not adversely affect the employees’ rights or entitlements under the National Employment Standards or any applicable award. The court also examined whether the agreement was in the best interest of the employees and whether it promoted productive and harmonious workplace relations.

The court found that the agreement met the necessary procedural requirements, including appropriate consultation with the relevant unions, and that it was made in good faith. In terms of the substantive requirements, the court determined that the agreement did not adversely affect the employees’ rights or entitlements and was in their best interest. The agreement was also found to promote productive and harmonious workplace relations. As such, the court approved the AMR Hewitts PrintPackaging Workplace Agreement 2013, making it a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established