DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HarperCollins Australia Pty Ltd
(AG2020/2275)

HARPERCOLLINS PUBLISHERS AUSTRALIA PTY LTD – MOSS VALE AGREEMENT 2020

Publishing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 AUGUST 2020

Application for approval of the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by HarperCollins Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 24 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HarperCollins Australia Pty Ltd recently approached the Fair Work Commission seeking approval of an enterprise agreement with HarperCollins Publishers Pty Ltd, titled the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2020. The dispute centred around the fairness and compliance of this proposed agreement with the Fair Work Act 2009, particularly whether it met the 'no disadvantage' test and other procedural requirements. The case was heard by Commissioner Wilson, who had to determine if the agreement was fair and appropriate, considering the interests of both employees and the employer.

The primary legal issues addressed by the court were whether the agreement complied with the statutory requirements set out in the Fair Work Act, particularly the 'no disadvantage' test. This test mandates that employees are not worse off financially or in terms of conditions under the new agreement compared to their previous entitlements. Additionally, the court examined whether the necessary procedural steps for reaching the agreement were followed, including the provision of a copy of the draft agreement to employees and the holding of a meeting to discuss it.

Commissioner Wilson found that the agreement was fair and met all statutory requirements. The evidence demonstrated that employees were not disadvantaged by the proposed changes and that the agreement was made in good faith. The procedural aspects of the agreement's development were also found to be compliant with the Act. Consequently, the Commissioner approved the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2020, allowing it to take effect. The final orders confirmed the approval of the agreement, paving the way for its implementation.

HarperCollins Australia 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