Fairfax Regional Printers Pty Ltd

[2013] FWCA 5991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fairfax Regional Printers Pty Ltd
(AG2013/7909)

FAIRFAX REGIONAL PRINTERS ENTERPRISE AGREEMENT 2013

Graphic Arts
VICE PRESIDENT WATSON	SYDNEY, 21 AUGUST 2013

Application for approval of the Fairfax Regional Printers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Regional Printers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairfax Regional Printers Pty Ltd. 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 August 2013 and, in accordance with s.54, will operate from 28 August 2013. The nominal expiry date of the Agreement is 24 August 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Fairfax Regional Printers Pty Ltd and its employees, with the dispute centred on the approval of the Fairfax Regional Printers Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement, as proposed, met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were fair and portable, and whether the agreement had been genuinely agreed upon by the parties.

The Commission considered the submissions from both the employer and the union, along with the provisions of the Fair Work Act and relevant case law. The Commission examined the fairness of the terms and conditions stipulated in the agreement, including the provisions on pay, hours of work, and other employment-related matters. Additionally, the Commission assessed whether the agreement had been negotiated in good faith and whether it represented a genuine compromise between the employer and the employees. After a thorough review, the Commission concluded that the enterprise agreement did meet the statutory requirements for approval.

The Commission found that the proposed agreement provided for fair and portable terms and conditions of employment, and it had been genuinely agreed upon by the parties. Accordingly, the Commission approved the Fairfax Regional Printers Enterprise Agreement 2013. The final orders of the Commission mandated that the enterprise agreement be registered and enforceable as per the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established