Anagram International LLC T/A Amscan (Asia Pacific)

[2023] FWCA 1067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anagram International LLC T/A Amscan (Asia Pacific)

(AG2023/658)

ANAGRAM INTERNATIONAL LLC T/A AMSCAN (ASIA PACIFIC) ENTERPRISE AGREEMENT 2023–2025

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COMMISSIONER MCKINNON	SYDNEY, 13 APRIL 2023

Application for approval of the Anagram International LLC t/a Amscan (Asia Pacific) Enterprise Agreement 2023 - 2025

Anagram International LLC T/A Amscan (Asia Pacific) has applied for approval of a single enterprise agreement known as the Anagram International LLC t/a Amscan (Asia Pacific) Enterprise Agreement 2023 - 2025 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 April 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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In the recent decision of Anagram International LLC t/a Amscan (Asia Pacific), the Fair Work Commission was tasked with approving an enterprise agreement that had been negotiated between the applicant and its employees. The applicant, a company operating in the Asia Pacific region under the name Amscan, sought the Commission's approval of the proposed enterprise agreement which aimed to regulate the employment conditions of its workforce over the period 2023 to 2025. The employees, represented by a union, were party to the negotiations and had expressed their views on the proposed terms of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and substantive fairness of the agreement. The Commission had to consider whether the agreement had been genuinely bargained between the parties, and if it contained terms that were fair and reasonable in all the circumstances. Given the absence of objections from the union, the Commission focused on the procedural fairness, ensuring that the union had genuinely participated in the bargaining process and that the agreement reflected the outcome of genuine negotiations.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated between the applicant and the union. The Commission noted the union's active participation in the negotiations, the comprehensive nature of the agreement, and the absence of any objections to the process or content of the agreement. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the business, the economic climate, and the interests of the employees. Consequently, the Commission approved the enterprise agreement, ensuring that it would govern the employment conditions of the applicant's workforce over the specified period.

The final orders of the Commission were that the Anagram International LLC t/a Amscan (Asia Pacific) Enterprise Agreement 2023-2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period, subject to any further orders of the Commission or any modifications that may be agreed upon by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established