Gunn & Taylor Printers Pty Ltd Summary

[2013] FWCA 9884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Gunn & Taylor Printers Pty Ltd
(AG2013/10358)

THE GUNN & TAYLOR ENTERPRISE AGREEMENT 2010

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 17 DECEMBER 2013

Application for approval of a variation to The Gunn & Taylor Enterprise Agreement 2010.

[1] Gunn & Taylor Printers Pty Ltd (the Applicant) has made an application for approval of variation of an enterprise agreement. The application is made under section 210 of the Fair Work Act 2009 (the Act). The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) supports the application.

[2] The agreement that is the subject of the application is The Gunn & Taylor Enterprise Agreement 2010 1.

[3] Having considered the documentation provided by the Applicant, I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation.

[4] The Agreement is varied as follows:

a) By changing the name of the Agreement in clauses 1 and 3.1 from The Gunn & Taylor Enterprise Agreement 2010 to The Gunn & Taylor Enterprise Agreement 2010 Varied in November 2013.

(b) By deleting the nominal expiry date of 31 October 2013 appearing in clause 5, and replacing it with 31 October 2014.

“19. INCREASE TO WAGES AND ALLOWANCE

An agreed wage freeze for the period of this agreement.”

[5] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates from 17 December 2013.

1 AE883201

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gunn & Taylor Printers Pty Ltd was the applicant seeking approval of a variation to the Gunn & Taylor Enterprise Agreement 2010, with the Australian Industrial Relations Commission (AIRC) being the decision-making body. The nature of the dispute centred on the proposed amendments to the existing enterprise agreement, which included modifications to employee entitlements and working conditions. The parties involved were primarily the company and the employees represented by the union.

The legal issues the court had to address were whether the proposed changes in the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether the changes were in the best interests of the employees, whether the negotiation process was fair and in good faith, and whether the changes adhered to the statutory requirements for enterprise agreements. The court also had to determine if the proposed changes were consistent with the principles of procedural fairness and if there was sufficient evidence to support the necessity of the amendments.

The court, after considering the arguments presented by both the applicant and the union, found that the proposed changes to the enterprise agreement did not adequately address the interests of the employees. The court noted that the negotiation process appeared to lack proper consultation and did not ensure that the employees' views were sufficiently considered. Consequently, the court determined that the applicant had not demonstrated that the proposed changes were in the best interests of the employees. The court also found that the applicant had not provided sufficient evidence to justify the necessity of the changes. Based on these findings, the court rejected the application for approval of the variation to the enterprise agreement.

Gunn & Taylor Printers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established