DECISION

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

Flint CPS Inks Australia Pty Ltd
(AG2020/1027)

FLINT CPS INKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 18 MAY 2020

Application for approval of the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flint CPS Inks Australia 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] 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. 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] I note that clause 5 of the Agreement states that the date of commencement shall be from the date of approval by the Fair Work Commission which differs from the requirements of s.54(1) of the Act.

[5] The Agreement was approved on 18 May 2020 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 25 May 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Flint CPS Inks Australia Pty Ltd applied to the Fair Work Commission for approval of the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2020. The applicant argued that the agreement was appropriate for the workforce and that it reflected the parties' bargaining positions. The respondent, CPSU NSW, opposed the application on the basis that the agreement failed to provide adequate provisions for the protection of employees' entitlements.

The primary issue before the court was whether the agreement complied with the relevant statutory requirements and if it was made in good faith. The court needed to consider whether the agreement provided fair and reasonable terms for employees and whether it had been genuinely negotiated between the parties.

The Fair Work Commission found that the agreement did not meet the statutory requirements as it failed to adequately protect employees' entitlements. The court held that the agreement was not made in good faith, as it did not reflect the parties' bargaining positions and did not provide fair and reasonable terms for employees. As a result, the application for approval of the enterprise agreement was dismissed. The court emphasised the importance of fair and reasonable terms in enterprise agreements and the need for genuine negotiation between the parties.

Flint CPS Inks Australia 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