Colorpak Limited

[2014] FWCA 8461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colorpak Limited
(AG2014/8195)

COLORPAK (REGENTS PARK) WORKPLACE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 26 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Colorpak (Regents Park) 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 26 November 2014 and, in accordance with s.54 of the Act, will operate from 3 December 2014. The nominal expiry date of the Agreement is 29 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Colorpak Limited is a company that applied for approval of the Colorpak (Regents Park) Workplace Agreement 2014. The application was heard by the Fair Work Commission, an independent statutory tribunal established by the Fair Work Act 2009. The nature of the dispute revolves around the terms of a workplace agreement that was intended to regulate the employment conditions of the company's employees at its Regents Park facility.

The legal issues that the Commission was required to decide pertained to whether the workplace agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, whether it allowed for the protection of employee rights and interests, and if it complied with all relevant provisions of the Act and Regulations. Additionally, the Commission considered whether the agreement had been genuinely negotiated and if it provided for appropriate dispute resolution mechanisms.

In reaching its decision, the Commission examined the details of the proposed agreement, the process by which it was negotiated, and the level of employee participation in the process. The Commission noted that the agreement provided for a range of benefits and protections for employees, including provisions for a 40-hour working week, overtime payments, penalty rates for certain work, and provisions for parental leave and long service leave. The Commission also considered the evidence presented by the company and the employees, including submissions on the fairness and effectiveness of the agreement. Ultimately, the Commission found that the agreement met the necessary requirements of the Fair Work Act and Regulations and approved the application for the agreement's registration.

The Fair Work Commission approved the application for registration of the Colorpak (Regents Park) Workplace Agreement 2014, recognising its provisions as fair and effective for the employees of the company. The Commission's decision acknowledged the benefits and protections provided by the agreement and its compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established