CCS Media Packaging Pty Ltd

[2013] FWCA 3561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCS Media Packaging Pty Ltd
(AG2013/6471)

CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 5 JUNE 2013

Application for approval of the CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2013.

[1] An application has been made for the approval of an enterprise agreement known as the CCS MEDIA PACKAGING PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that 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 12 June 2013. The nominal expiry date of the Agreement is 5 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CCS Media Packaging Pty Ltd brought an application for the approval of the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2013. The application was heard in the Fair Work Commission, which is tasked with regulating and approving collective agreements in Australia to ensure compliance with the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the procedural requirements of the Act and whether it contained provisions that were contrary to public policy or were otherwise invalid.

The Commission examined the application by reviewing the process through which the agreement was formed and the content of the agreement itself. The Commission found that the agreement had been formed through a valid process, with appropriate notice given and a sufficient number of employees involved. The content of the agreement was also scrutinised to ensure that it did not include any provisions that were contrary to public policy or that were otherwise invalid. The Commission concluded that the agreement was valid and should be approved.

The Fair Work Commission approved the CCS Media Packaging Pty Ltd Production Employees Collective Agreement 2013, finding it to be compliant with the Fair Work Act 2009. The Commission determined that the agreement was formed through a valid process and contained no provisions that were contrary to public policy or otherwise invalid. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between CCS Media Packaging Pty Ltd and its production employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established