DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunn & Taylor Printers Pty Ltd
(AG2016/7049)

THE GUNN & TAYLOR ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 19 DECEMBER 2016

Application for approval of The Gunn & Taylor Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Gunn & Taylor Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gunn & Taylor Printers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gunn & Taylor Printers Pty Ltd, represented by the employer, applied for approval of the Gunn & Taylor Enterprise Agreement 2016. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The union, United Voice, contested the application, arguing that the agreement did not meet the necessary criteria for approval and registration.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was fairly negotiated, contained the mandated minimum terms and conditions, and was free from any unfair content. The union argued that the agreement failed to meet these requirements, citing issues such as the absence of provisions for unpaid meal breaks and the potential for unfair dismissal practices.

The Commission carefully reviewed the negotiation process and the contents of the agreement. It found that the negotiation process was generally fair, with both parties having an opportunity to participate and express their views. The Commission also assessed the terms and conditions of the agreement and concluded that they were not worse off than the applicable awards. However, the Commission identified that certain provisions regarding unpaid meal breaks and unfair dismissal practices were problematic. Despite these issues, the Commission determined that the overall fairness of the agreement and the importance of resolving the dispute outweighed these concerns. Consequently, the Commission approved the agreement, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Gunn & Taylor Enterprise Agreement 2016, subject to the minor amendments necessary to address the identified issues. The Commission ordered that the agreement be registered and enforceable, effective from the date of the decision. The union's application to set aside the approval was dismissed, as the Commission was satisfied with the overall fairness and compliance of the agreement with the statutory requirements.

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