Griffin Press Printing Pty Ltd T/A Griffin Press Printing Pty Ltd

[2024] FWCA 446

[2024] FWCA 446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Griffin Press Printing Pty Ltd T/A Griffin Press Printing Pty Ltd

(AG2024/6)

GRIFFIN PRESS PRINTING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 1 FEBRUARY 2024

Application for approval of the Griffin Press Printing Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Griffin Press Printing Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Griffin Press Printing Pty Ltd T/A Griffin Press Printing Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 22 January 2024.

1. On 24 January 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiency it appears a pre-reform version of the NERR was provided to employees.  I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

1. The Applicant has submitted an undertaking in the required form dated 29 January 2024. The undertaking deals with the following topics:

·  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

·  Clause 8 has been varied to include the model flexibility term.

·  Clause 9 has been varied to include the model consultation term.

·  The Applicant has inserted a NES precedence clause which resolves inconsistencies with respect to Parental Leave, Personal/Carer’s Leave, Compassionate Leave and Notice of Termination.

·  The Agreement will be read in conjunction with the Graphic Arts, Printing and Publishing Award 2020.

·  Despite Clause 52.2, Casual employees will be engaged for not less than 4 hours per day/shift and paid the rate provided by the Agreement for the work performed plus a loading of 25%. The loading constitutes part of the casual employee’s all-purpose rate.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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 that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523389  PR770843>