DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APN Printing Services Pty Ltd
(AG2015/349)

APN PRINTING SERVICES PTY LTD WARWICK OPERATIONS ENTERPRISE AGREEMENT 2014-2017

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2015

Application for approval of the APN Printing Services Pty Ltd Warwick Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the APN Printing Services Pty Ltd Warwick Operations Enterprise Agreement 2014-2017 (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] I am satisfied that each of the requirements of ss186, 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, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APN Printing Services Pty Ltd applied to the Fair Work Commission for approval of the APN Printing Services Pty Ltd Warwick Operations Enterprise Agreement 2014-2017. The application was opposed by the Australian Council of Trade Unions, who argued that the proposed agreement failed to meet the statutory requirements for enterprise agreements. The central legal issues that the Fair Work Commission had to address included whether the agreement was genuinely negotiated and whether it met the standards set out in the Fair Work Act 2009.

The Fair Work Commission found that the agreement was genuinely negotiated, as it was concluded after a proper bargaining process involving the employer and the relevant union representatives. The Commission noted that the union had provided input during the negotiation process and that the employer had considered this input. The Commission also found that the agreement met the statutory standards, as it contained provisions that complied with the Fair Work Act and other relevant legislation. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the APN Printing Services Pty Ltd Warwick Operations Enterprise Agreement 2014-2017, subject to certain conditions. These conditions included a requirement that the employer provide the Commission with regular reports on the implementation of the agreement, as well as a requirement that the employer notify the Commission of any proposed changes to the agreement. The Commission also imposed a condition that the employer must not take any adverse action against any employee who had made a complaint or inquiry in relation to the agreement. The employer was required to comply with these conditions within 28 days of the approval decision.

APN Printing Services 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