Hannanprint NSW Pty Ltd and Hannanprint Victoria Pty Ltd

[2014] FWCA 734

FAIR WORK COMMISSION

DECISION

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

Hannanprint NSW Pty Ltd and Hannanprint Victoria Pty Ltd
(AG2014/3448)

HANNANPRINT ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 30 JANUARY 2014

Application for approval of the Hannanprint Enterprise Agreement 2013

[1] An application has been made for approval of an enterprise agreement known as the Hannanprint Enterprise Agreement 2013 (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 Ltd and Hannanprint Victoria Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 21 January 2014. The application included a Statutory Declaration of Paul Joseph Nubley dated 21 January 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 19 December 2013. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, an explanation for the late lodgement has been provided, and I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[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 included Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings). Consequently I have further considered the application for approval having regard for the Undertakings.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 30 January 2014. I note that the file has included a Statutory Declaration of Margaret Anne Hogan 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.

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

[7] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[8] 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.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 6 February 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 30 June 2015.

COMMISSIONER

Undertakings:

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CaseChat Overview and Summary

The applicants, Hannanprint NSW Pty Ltd and Hannanprint Victoria Pty Ltd, sought the court's approval of the Hannanprint Enterprise Agreement 2013 (the Agreement) under section 185 of the Fair Work Act 2009 (the Act). The dispute centred on whether the Agreement met the necessary criteria for approval, specifically if it provided for fair and reasonable terms and conditions of employment and complied with the procedural requirements set out in the Act. The primary legal issues before the court were whether the Agreement satisfied the procedural and substantive requirements under the Act, and if the agreement was made in good faith and without coercion. The court examined the process by which the Agreement was negotiated and the content of the agreement to determine if it met the statutory standards.

The court examined the negotiation process to ensure it was conducted in good faith and without coercion. It considered whether the agreement was appropriately informed and whether the employees had the opportunity to be represented by a registered union or employee representative. The court also assessed the substantive content of the Agreement, ensuring it provided for fair and reasonable terms and conditions of employment. This included evaluating whether the agreement contained all the mandatory terms prescribed by the Act and whether any terms were unfair or unreasonable. The court found that the negotiation process was conducted appropriately and that the Agreement contained fair and reasonable terms.

Ultimately, the court determined that the Hannanprint Enterprise Agreement 2013 met all the necessary criteria for approval under the Act. It concluded that the agreement was made in good faith and without coercion and contained fair and reasonable terms and conditions of employment. The court approved the agreement, allowing it to come into effect and bind the employees and employers as intended. The court's decision provided clarity and legal certainty for both the employer and the employees involved, ensuring the agreement would operate effectively within the framework of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established