APN Printing Services Pty Ltd

[2013] FWCA 1539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

APN Printing Services Pty Ltd
(AG2013/418)

APN PRINTING SERVICES PTY LTD - QLD PRINTING TRADE ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER SPENCER	BRISBANE, 13 MARCH 2013

Application for approval of the APN Printing Services Pty Ltd - QLD Printing Trade Enterprise Agreement 2013

[1] An application has been made for approval of an enterprise agreement known as the APN Printing Services Pty Ltd - QLD Printing Trade Enterprise 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 APN Printing Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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 they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] Written undertakings have been provided by the employer and are attached to this decision.

[5] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2013. The nominal expiry date of the Agreement is 30 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant APN Printing Services Pty Ltd sought approval of the APN Printing Services Pty Ltd - Queensland Printing Trade Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for the employees covered by the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was made in accordance with the relevant provisions of the Act, including whether genuine agreement had been achieved. Substantively, the Commission had to assess whether the agreement provided for terms and conditions that met the "better off overall test" and did not undermine the safety net of minimum standards provided by the National Employment Standards and modern awards.

The Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act. It was satisfied that the agreement was genuinely negotiated between the parties and that there was no evidence of duress or coercion. In terms of the substantive requirements, the Commission concluded that the agreement met the "better off overall test" as it provided for a number of improvements to the employees' terms and conditions of employment, including increased wages and better leave provisions. The Commission was also satisfied that the agreement did not undermine the safety net of minimum standards provided by the National Employment Standards and modern awards.

Accordingly, the Fair Work Commission approved the APN Printing Services Pty Ltd - Queensland Printing Trade Enterprise Agreement 2013. The agreement will now apply to the employees covered by the agreement, providing them with improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established