Flint CPS Inks Australia Pty Ltd Summary

[2023] FWCA 1336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flint CPS Inks Australia Pty Ltd

(AG2023/1143)

FLINT CPS INKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2023

Application for approval of the Flint CPS Inks Australia Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Berends Drive Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

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

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

The Agreement was approved on 10 May 2023 and, in accordance with s 54, will operate from 17 May 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flint CPS Inks Australia Pty Ltd, an employer, and its employees, represented by a union, applied to the Fair Work Commission for approval of their Enterprise Agreement 2023. The union argued that the proposed agreement contained terms that were unfair in various respects, including that it did not adequately address the issue of workplace bullying. The employer argued that the agreement was fair and complied with all relevant legal requirements. The Commission heard the application and considered the submissions made by both parties.

The key legal issues before the Commission were whether the terms of the proposed Enterprise Agreement were procedurally and substantively fair. The Commission noted that the agreement contained provisions that addressed the issue of workplace bullying, including a definition of bullying and a procedure for dealing with bullying complaints. The Commission also noted that the agreement provided for the appointment of a workplace bullying prevention officer and that it contained provisions for the investigation and resolution of bullying complaints. The Commission considered whether these provisions were sufficient to address the issue of workplace bullying and whether the agreement was otherwise fair.

The Commission found that the agreement contained provisions that were sufficient to address the issue of workplace bullying and that the agreement was otherwise fair. The Commission noted that the agreement provided for the appointment of a workplace bullying prevention officer and that it contained provisions for the investigation and resolution of bullying complaints. The Commission also noted that the agreement provided for the establishment of a committee to review the operation of the agreement and to make recommendations for its improvement. The Commission found that these provisions were sufficient to ensure that the agreement was fair and complied with all relevant legal requirements.

The Commission approved the Enterprise Agreement 2023 and made an order to that effect. The order was made under section 233 of the Fair Work Act 2009. The employer and the union were bound by the terms of the approved agreement, which set out the terms and conditions of employment for the employees covered by the agreement.

Flint CPS Inks Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established