DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCS Media Packaging Pty Ltd
(AG2018/2859)

CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2018

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CCS Media Packaging Pty Ltd. 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 referred to above, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 20 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCS Media Packaging Pty Ltd was the subject of an application to the Fair Work Commission for approval of the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2018. The applicant, CCS Media Packaging, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement, particularly in relation to employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issue the court had to address was whether the proposed agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained provisions that were in breach of the Act, such as unfair terms that did not comply with the Fair Work Regulations 2009, or if it failed to provide for a minimum set of employee entitlements. The court also considered whether the agreement was consistent with the principles of good faith bargaining and whether it adequately addressed the needs of both the employer and the employees.

The Fair Work Commission found that the proposed agreement did not contain any terms that were contrary to the Fair Work Act 2009 or the Fair Work Regulations 2009. The agreement was deemed to provide for the minimum set of employee entitlements and included provisions for good faith bargaining and dispute resolution. The Commission concluded that the agreement was fair and reasonable, and therefore approved it as a registered agreement. The approval ensures that the terms and conditions set out in the agreement are enforceable and legally binding on both the employer and the employees.

CCS Media Packaging 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