DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flint Group Australia Pty Ltd
(AG2017/5568)

SETON ROAD ENTERPRISE AGREEMENT 2017 - 2019

Graphic Arts
COMMISSIONER GREGORY	MELBOURNE, 1 MAY 2018

Application for approval of the Seton Road Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Seton Road Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flint Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flint Group Australia Pty Ltd, a company engaged in the production and distribution of printing inks and coatings, brought an application before the Fair Work Commission to seek approval of the Seton Road Enterprise Agreement 2017-2019. The agreement, negotiated between the company and the employees represented by the Australian Manufacturing Workers' Union, sought to govern employment conditions for a period of three years. The dispute arose when certain parties contested the agreement, raising objections about the terms and conditions outlined within it.

The legal issues before the court revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement was free from any unfair content, that it was genuinely negotiated between the parties, and that it adhered to the relevant industrial instruments and the Fair Work (Registered Organisations) Act 2009. The court was tasked with examining the evidence and submissions presented by the parties to determine if the agreement was fair and reasonable and should be approved.

In its decision, the court found that the agreement met all the necessary criteria for approval. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the economic circumstances and the overall context of the negotiations. The court also found that the agreement was genuinely negotiated between the parties and did not contain any unfair content. Consequently, the court approved the Seton Road Enterprise Agreement 2017-2019, allowing it to take effect from the date of the decision.

The final orders of the court included the approval of the Seton Road Enterprise Agreement 2017-2019, with the agreement to be binding on all employees covered by it, as well as the company. The court also directed that any outstanding disputes or objections were to be resolved in accordance with the provisions of the Fair Work Act 2009. This decision provided clarity and certainty for both the company and the employees, ensuring that the agreed terms and conditions would govern their employment relationship for the duration of the agreement.

Flint Group 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