DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCS Media Packaging Pty Ltd
(AG2015/7437)

CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2015

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 DECEMBER 2015

Application for approval of the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2015. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2015. The nominal expiry date of the Agreement is 24 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant CCS Media Packaging Pty Ltd sought approval of the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2015. The respondent, Media, Entertainment and Arts Alliance, did not object to the approval of the agreement, but raised concerns about the agreement's provisions relating to a "Supervisory Shift Allowance". The respondent argued that the allowance was not a genuine allowance for performing supervisory duties, but rather a disguised penalty for the inclusion of additional duties. The employer argued that the allowance was genuinely for performing supervisory duties and was not a penalty for the inclusion of additional duties.

The Commission considered the meaning and purpose of the Supervisory Shift Allowance in the context of the entire agreement. It found that the allowance was genuinely for performing supervisory duties and was not a penalty for the inclusion of additional duties. The Commission found that the evidence did not support the respondent's contention that the allowance was a disguised penalty. The Commission also found that the employer had acted in good faith in relation to the allowance.

The Commission approved the agreement, subject to minor amendments to the Supervisory Shift Allowance clause to clarify its purpose and operation. The employer was directed to implement the amended clause and provide the respondent with a copy of the amended agreement. The respondent was directed to provide the employer with a copy of the amended agreement. The parties were directed to endeavour to resolve any further issues in relation to the agreement through bargaining or other means.

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