DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decipha Pty Ltd
(AG2018/5395)

DECIPHA ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 NOVEMBER 2018

Application for approval of the Decipha Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Decipha Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decipha Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] I observe that clause 28.1.1 and clause 33.2.21 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 22 November 2018 and, in accordance with s.54, will operate from 29 November 2018. The nominal expiry date of the Agreement is 29 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Decipha Pty Ltd, the applicant, seeking approval of the Decipha Enterprise Agreement 2018. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with provisions relating to minimum entitlements, procedural fairness, and other regulatory requirements.

The primary legal issues for the Commission to determine were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether the process of reaching the agreement was conducted in a procedurally fair manner. Additionally, the Commission needed to assess whether the agreement contained terms that were contrary to public policy or were otherwise invalid under the Act.

The Commission found that the agreement was fair and reasonable, meeting all statutory requirements. It noted that the agreement provided for adequate minimum entitlements and that the process leading to its formation was procedurally fair. The Commission was satisfied that no terms of the agreement were contrary to public policy or otherwise invalid. Consequently, the Commission approved the Decipha Enterprise Agreement 2018.

The final orders of the Commission were that the Decipha Enterprise Agreement 2018 be approved as meeting the legal standards required by the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, effective from the date of the decision.

Decipha Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established