DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canon Production Printing Australia Pty Ltd
(AG2020/375)

CANON PRODUCTION PRINTING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT, 2020

Business equipment industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 APRIL 2020

Application for approval of the Canon Production Printing Australia Pty Ltd Enterprise Agreement, 2020.

[1] An application has been made for approval of an enterprise agreement known as the Canon Production Printing Australia Pty Ltd Enterprise Agreement, 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Canon Production Printing Australia Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 24 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Canon Production Printing Australia Pty Ltd brought an application before the Fair Work Commission seeking approval of the Canon Production Printing Australia Pty Ltd Enterprise Agreement, 2020. The application was made under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement was not in the best interests of the employees covered by it.

The central issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an agreement must be in the best interests of the employees it covers. The Commission had to consider whether the agreement was fair and reasonable, taking into account various factors, including the nature of the bargaining, the terms of the agreement, and the views of the parties involved.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement did meet the requirements of section 230 of the Fair Work Act 2009. The Commission determined that the agreement was fair and reasonable, and that it was in the best interests of the employees covered by it. The Commission approved the agreement and made the necessary orders under section 234 of the Fair Work Act 2009. The agreement was registered with the Fair Work Commission, and became legally binding on the parties from the date of registration.

Canon Production Printing Australia 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