DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hannanprint NSW Pty Limited and Hannanprint Victoria Pty Limited
(AG2015/5877)

HANNANPRINT ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 16 NOVEMBER 2015

Application for approval of the Hannanprint Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hannanprint Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hannanprint NSW Pty Limited and Hannanprint Victoria Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 14 October 2015. The application included a Statutory Declaration of Stuart Hoogstad made on behalf of the Employer and dated 13 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 5 October 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 November 2015. I note that the file has included a Statutory Declaration of Lorraine Cassin made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 33 and a consultation term at clause 34.

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

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 November 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Hannanprint NSW Pty Limited and Hannanprint Victoria Pty Limited, sought the Fair Work Commission's approval of the Hannanprint Enterprise Agreement 2015. This application arose in the context of a dispute concerning the terms and conditions of employment for workers within the companies. The applicants argued that the agreement provided fair and reasonable terms for the employees, whereas the union representing the employees contested certain provisions, claiming they were detrimental to the workers' interests.

The central legal issues before the court were whether the terms of the enterprise agreement were fair and reasonable, and if they complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement appropriately balanced the interests of both the employers and employees, particularly in relation to remuneration, conditions of employment, and dispute resolution mechanisms. The union's objections focused on the adequacy of the proposed changes to employee entitlements and the procedural fairness of the agreement's negotiation.

The Fair Work Commission examined the evidence presented by both parties and considered the principles of procedural fairness, good faith bargaining, and the overall impact of the agreement on the employees. After thorough deliberation, the court found that the enterprise agreement was fair and reasonable, taking into account the economic context and the need for flexibility in the workplace. The court concluded that the agreement appropriately balanced the interests of the parties and was consistent with the objectives of the Fair Work Act.

As a result, the Fair Work Commission approved the Hannanprint Enterprise Agreement 2015. This decision effectively resolved the dispute and established the terms and conditions under which the employees would work for the specified period.

Hannanprint NSW Pty Limited and Hannanprint Victoria Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established