Cutler Brands Pty Ltd

[2022] FWCA 160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cutler Brands Pty Ltd

(AG2021/9105)

Cutler Brands Pty Ltd Enterprise Agreement 2021

Graphic Arts
COMMISSIONER PLATT	ADELAIDE, 20 JANUARY 2022

Application for approval of the Cutler Brands Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Cutler Brands Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cutler Brands Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 January 2022.

On 18 January 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 20 January 2022. The undertaking deals with the following topics:

· The reference to clause 31.1 of the Graphic Arts, Printing and Publishing Award 2020 (the Award) in clause 5.1.2 of the Agreement is corrected to a reference to clause 14.1 of the Award.

· Despite clause 6.1.2 of the Agreement, an employee who takes personal/carer’s leave, compassionate or unpaid family and domestic violence leave must provide the company with notice as soon as practicable (which may be a time after the leave has started).

· If an employee works a shift that commences at or after 4.00am and prior to 6.00am, they will receive a shift loading of 20% for the ordinary hours they work on that shift.

No bargaining representatives were appointed.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cutler Brands Pty Ltd applied to the Fair Work Commission for the approval of the Enterprise Agreement 2021. The dispute involved the terms of the proposed agreement, which had been negotiated between the company and the employees represented by the Australian Manufacturing Workers' Union. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, particularly regarding the provisions that impact employees' wages, conditions, and other employment terms.

The central legal issue was whether the agreement provided fair and reasonable terms for employees, ensuring it adhered to the statutory requirements and protected the interests of both the employer and the employees. This included assessing whether the agreement included adequate provisions for employee rights, such as minimum wages, leave entitlements, and other benefits, while also balancing the needs of the employer to operate efficiently.

The Fair Work Commission examined the proposed agreement in detail, considering the bargaining positions of the parties, the nature of the industry, and the impact of the agreement on employees' rights and the employer's operations. After thorough deliberation, the Commission concluded that the agreement provided fair and reasonable terms for the employees and was consistent with the statutory requirements. The Commission approved the Enterprise Agreement 2021, recognising its compliance with the relevant provisions of the Fair Work Act.

The final orders included the approval of the Enterprise Agreement 2021 between Cutler Brands Pty Ltd and the Australian Manufacturing Workers' Union, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and the terms would govern the employment conditions of the employees for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established