Gunn & Taylor Printers Pty Ltd T/A Gunn Taylor Printers

[2023] FWCA 2881

[2023] FWCA 2881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gunn & Taylor Printers Pty Ltd T/A Gunn Taylor Printers

(AG2023/2966)

THE GUNN & TAYLOR ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 SEPTEMBER 2023

Application for approval of the Gunn & Taylor Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Gunn & Taylor Enterprise Agreement 2022 (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 T/A Gunn Taylor Printers. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application.

1. The Employer did not take all reasonable steps to ensure that the relevant employees were given a copy of the Graphic Arts (General) Award 2000 (as it stood on 27 March 2006) in accordance with s.180(2) of the Act. The Employer also did not provide all employees with the NERR not later than 14 days after the notification time as required by s.173(3) of the Act. However, considering that the Agreement replaces an existing enterprise agreement in similar terms, in all the circumstances, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical and procedural errors regarding provision of the Award and provision of the NERR, and that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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. The AMWU supports approval of the Agreement.

1. I observe that the Agreement is silent in relation to notice of termination requirements. However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521421  PR765990>