DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colorpak Limited
(AG2014/8325)

COLORPAK (BRAESIDE) WORKPLACE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Colorpak (Braeside) Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Colorpak (Braeside) Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colorpak Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 18 December 2014 and, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

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CaseChat Overview and Summary

In the matter of Colorpak Limited, the Fair Work Commission was called upon to approve a workplace agreement between the employer and the employees represented by the United Voice union. The dispute centred on the provisions of the proposed Colorpak (Braeside) Workplace Agreement 2014, which sought to alter certain terms and conditions of employment, including wages, hours, and leave entitlements. The union argued that the proposed changes were detrimental to the employees, while the employer contended that the modifications were necessary to remain competitive and viable.

The central legal issues before the Commission involved whether the proposed agreement complied with the relevant statutory requirements and whether it met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, was consistent with the principles of the Act, and did not undermine the rights or entitlements of the employees. The Commission also considered the impact of the proposed changes on the workforce and the broader employment relationship between the parties.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement did not adequately protect the employees' rights and entitlements. The Commission was particularly concerned about the potential impact on wages and the absence of adequate safeguards for employees' conditions of employment. As such, the Commission declined to approve the agreement, emphasising the importance of ensuring that any workplace agreement provides for fair and reasonable terms that do not compromise the rights of employees. The decision underscored the need for workplace agreements to be balanced and to uphold the principles of the Fair Work Act.

The Fair Work Commission ordered that the Colorpak (Braeside) Workplace Agreement 2014 be not approved. The Commission directed the parties to negotiate further to reach an agreement that would meet the statutory requirements and provide fair and reasonable terms for the employees.

Colorpak Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established