Gold Coast Publications Pty Ltd Summary

[2013] FWCA 3562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Coast Publications Pty Ltd
(AG2013/6279)

GOLD COAST PUBLICATIONS PTY LIMITED PRODUCTION WORKPLACE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 5 JUNE 2013

Application for approval of the Gold Coast Publications Pty Limited Production Workplace Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Gold Coast Publications Pty Limited Production Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that 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) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Coast Publications Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Gold Coast Publications Pty Limited Production Workplace Agreement 2013, which was to be registered as a registered organisation agreement. The applicant, Media and Communications Union, opposed the application. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and, specifically, whether it contained all the mandated minimum terms and conditions.

The legal issue before the court was whether the agreement met the requirements of the Fair Work Act. The applicant argued that the agreement was deficient as it did not include certain minimum terms and conditions, such as provisions regarding the calculation of penalty rates and the handling of shift payments. The respondent contended that the agreement was compliant and that any omissions could be rectified through the application of the Act’s general provisions.

The commission determined that the agreement did not explicitly include all the mandated minimum terms and conditions. However, it concluded that the deficiencies could be addressed through the application of the Act's general provisions and that the agreement substantially met the statutory requirements. As such, the commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The respondent was directed to make these modifications within a specified timeframe.

Gold Coast Publications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established