DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMR Hewitts PrintPackaging Pty Ltd
(AG2016/517)

AMR HEWITTS PRINTPACKAGING WORKPLACE AGREEMENT 2015

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the AMR Hewitts PrintPackaging Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMR Hewitts PrintPackaging Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMR Hewitts PrintPackaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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.

[5] The Agreement was approved on 12 April 2016 and, in accordance with s.54, will operate from 19 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of AMR Hewitts PrintPackaging Pty Ltd, the applicant sought approval of the AMR Hewitts PrintPackaging Workplace Agreement 2015. The applicant, AMR Hewitts PrintPackaging Pty Ltd, sought to have the workplace agreement approved under the Fair Work Act 2009. The applicant argued that the agreement had been fairly negotiated and met the criteria for approval under the Act. The Fair Work Commission was required to consider whether the agreement was a genuine workplace agreement, had been fairly negotiated, and met the requirements of the Fair Work Act.

The Fair Work Commission considered whether the workplace agreement had been fairly negotiated and met the criteria for approval. The Commission assessed the process by which the agreement was negotiated, including whether there was genuine consultation between the parties and whether the agreement reflected the parties' respective positions. The Commission also examined whether the agreement complied with the Fair Work Act and its regulations. The Commission found that the agreement had been fairly negotiated and met the criteria for approval, as it had been negotiated in good faith, the parties had genuine consultation, and the agreement was in the best interests of the employees.

The Fair Work Commission approved the AMR Hewitts PrintPackaging Workplace Agreement 2015, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a number of benefits for the employees, including a wage increase, improved working conditions, and provisions for redundancy and termination. The Commission concluded that the agreement was a genuine workplace agreement and had been fairly negotiated. The Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission's approval of the AMR Hewitts PrintPackaging Workplace Agreement 2015 provides clarity for the parties and ensures that the agreement is legally binding and enforceable. The decision confirms the importance of genuine consultation and negotiation in the formation of workplace agreements and the need for compliance with the Fair Work Act. The approval of the agreement will provide certainty and stability for the parties and their employees, promoting a harmonious and productive workplace.

AMR Hewitts PrintPackaging 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