Cimpress Australia Pty Limited T/A Vistaprint Australia

Case

[2023] FWCA 896

24 MARCH 2023


[2023] FWCA 896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cimpress Australia Pty Limited T/A Vistaprint Australia

(AG2023/579)

VISTA AUSTRALIA ENTERPRISE AGREEMENT 2022

Graphic Arts

COMMISSIONER MIRABELLA

MELBOURNE, 24 MARCH 2023

Application for approval of the Vista Australia Enterprise Agreement 2022.

  1. Cimpress Australia Pty Limited T/A Vistaprint Australia (the Employer) has made an application for approval of an enterprise agreement known as the Vista Australia Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

  1. The Agreement was approved on 24 March 2023 and, in accordance with s.54, will operate from 31 March 2023. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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<AE519570  PR760586>

Annexure A

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