Cimpress Australia Pty Limited T/A Vistaprint Australia Summary

[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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cimpress Australia Pty Limited trading as Vistaprint Australia, the Fair Work Commission was presented with an application for the approval of the Vista Australia Enterprise Agreement 2022. The application was made by the employer, seeking formal endorsement of the agreement that had been negotiated with the relevant union, the Communications, Electrical and Plumbing Union of Australia. The dispute centred on whether the agreement met all necessary criteria under the Fair Work Act 2009, ensuring it was in the best interests of the employees and compliant with relevant industrial laws.

The primary legal issues that the Commission needed to address were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with all statutory requirements. Specifically, the Commission had to examine if the agreement met the 'better off overall test' and whether it included all mandated minimum entitlements and conditions. Furthermore, the Commission considered if the agreement provided for appropriate dispute resolution mechanisms and whether it adhered to the principles of procedural fairness.

Upon review, the Fair Work Commission found that the agreement met all the necessary criteria. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and it fulfilled the 'better off overall test' for the employees. The Commission also confirmed that the agreement included all mandated minimum entitlements and adhered to the principles of procedural fairness. The Commission noted that the agreement provided for appropriate dispute resolution mechanisms and was in compliance with the Fair Work Act 2009. As a result, the Commission approved the Vista Australia Enterprise Agreement 2022.

The Fair Work Commission's decision approved the Vista Australia Enterprise Agreement 2022, effective from the date of the decision. This approval formalises the terms and conditions agreed upon between the employer and the union, providing legal certainty and protection for the employees.

Cimpress Australia Pty Limited T/A Vistaprint Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established