DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunn & Taylor Printers Pty Ltd
(AG2019/3202)

THE GUNN & TAYLOR ENTERPRISE AGREEMENT 2018

Graphic Arts
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Gunn & Taylor Enterprise Agreement 2018.

[1] Gunn & Taylor Printers Pty Ltd has applied for approval of a single enterprise agreement known as the Gunn & Taylor Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval steps were met, the Agreement passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application and Proposed Agreement, which were explained as typographical in nature, by filing an amended application and amended Agreement page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, amended Agreement page, further information provided on request of the Commission and the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement was approved on 19 September 2019 and, in accordance with s.54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Gunn & Taylor Printers Pty Ltd for approval of the Gunn & Taylor Enterprise Agreement 2018. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. The applicant, Gunn & Taylor Printers, sought to have the enterprise agreement approved and registered, which would provide a framework for employment conditions of its workers.

The legal issues the court had to determine were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court had to consider if the agreement was made in good faith and whether the appropriate bargaining representatives had been involved. Substantively, the court needed to examine whether the agreement covered the mandated minimum terms and conditions and whether it was fair and reasonable. The applicant argued that all necessary steps had been taken to ensure the agreement met the statutory criteria, while the respondents raised concerns about the agreement's fairness and compliance with minimum standards.

The Fair Work Commission found that the agreement was made in good faith and involved the appropriate bargaining representatives. The court held that the agreement satisfied the procedural requirements and was comprehensive in covering the mandated minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the industry context. The court approved the Gunn & Taylor Enterprise Agreement 2018, and it was registered accordingly.

Gunn & Taylor Printers 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