DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flint CPS Inks Australia Pty Ltd
(AG2019/1329)

FLINT CPS INKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2019

Application for approval of the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2019 (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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The signed Agreement lodged with the Commission contained a typographical error on page 3 and was also missing page 18. On 16 July 2019 the Applicant filed a copy of page 18 and on 30 July 2019 the Applicant filed an amended copy of page 3. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 30 July 2019 and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flint CPS Inks Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2019. The agreement, which had been negotiated between the company and its employees' representative, the Communications, Electrical and Plumbing Union, aimed to regulate the terms and conditions of employment for the employees of the company. The nature of the dispute was primarily procedural, concerning the process by which the agreement had been reached and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved the validity of the agreement under section 232 of the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in good faith and if it had been properly negotiated. Additionally, the Commission was required to assess whether the agreement contained the minimum terms and conditions as stipulated by the Act, and if it was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009. The dispute also encompassed the procedural fairness in the manner in which the agreement had been formulated and presented.

In its reasoning, the Commission meticulously examined the evidence and submissions presented by both parties. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and that there was substantial evidence to suggest that it was negotiated in good faith. The Commission also found that the process of negotiation was largely fair, notwithstanding a few procedural lapses. Ultimately, the Commission concluded that the procedural shortcomings did not significantly impact the overall fairness or validity of the agreement. Consequently, the Commission approved the enterprise agreement, acknowledging that while there were procedural issues, the agreement itself met the statutory requirements and was in the best interest of the employees and the employer.

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