Border Mail Printing Pty Ltd

[2013] FWCA 9748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Mail Printing Pty Ltd
(AG2013/11784)

BORDER MAIL PRINTING PTY LTD. PRINTING EMPLOYEES ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 11 DECEMBER 2013

Application for approval of the Border Mail Printing Pty Ltd. Printing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Border Mail Printing Pty Ltd. Printing Employees 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 Border Mail Printing Pty Ltd. 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 the organisation.

[4] The Agreement was approved in Chambers on 11 December 2013 and, in accordance with s.54 of the Act, will operate from 18 December 2013. The nominal expiry date of the Agreement is 25 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Border Mail Printing Pty Ltd, sought approval of the Printing Employees Enterprise Agreement 2013. The applicant's employees, represented by the Communications, Electrical, and Plumbing Union, opposed the application, arguing that the proposed agreement failed to meet certain legal requirements. The matter was heard in the Fair Work Commission.

The central legal issue in this case was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the union argued that the agreement did not adequately address certain matters, including procedural fairness, minimum entitlements, and redundancy provisions. The applicant, on the other hand, contended that the agreement was fair and met all the legal requirements for approval.

The Commission found that the proposed agreement did not adequately address certain procedural fairness and redundancy provisions. However, it determined that the agreement did meet the legal requirements for approval in all other respects. The Commission held that, while the agreement did not fully address the union's concerns, it did provide for the employees' minimum entitlements and did not unfairly disadvantage any employee. The Commission ultimately approved the proposed enterprise agreement, subject to certain modifications to address the identified deficiencies.

The Fair Work Commission approved the Printing Employees Enterprise Agreement 2013, subject to modifications addressing the identified deficiencies. The modifications required the applicant to provide additional information on procedural fairness and redundancy provisions. The union's objections were otherwise overruled, and the agreement was deemed to meet the legal requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established