DECISION

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

Harpercollins Publishers Australia Pty Ltd
(AG2014/10177)

HARPERCOLLINS PUBLISHERS PTY LTD - MOSS VALE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 24 DECEMBER 2014

Application for approval of the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harpercollins Publishers Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of the legislation, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

HarperCollins Publishers Australia Pty Ltd, the respondent, applied for the approval of the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2014, under section 179 of the Fair Work Act 2009. The applicant, the Australian Book Publishers Association, opposed the application on the basis that the agreement failed to provide for adequate minimum entitlements for the employees it covered. The matter was heard in the Federal Circuit Court of Australia.

The primary issue before the court was whether the agreement provided for adequate minimum entitlements as required by section 179(2)(b) of the Fair Work Act 2009. The court had to consider whether the agreement met the requirements for an eligible agreement and whether it provided for adequate minimum entitlements, including minimum wages, penalty rates, leave entitlements, and maximum weekly hours. The court also had to determine whether the agreement provided for a fair and effective mechanism for resolving disputes between the parties.

The court found that the agreement provided for adequate minimum entitlements for the employees it covered. The court noted that the agreement provided for minimum wages and penalty rates that were above the award rates, and provided for additional leave entitlements. The court also found that the agreement provided for a fair and effective mechanism for resolving disputes between the parties. The court held that the agreement met the requirements for an eligible agreement and was therefore eligible for approval. The application was subsequently approved.

The court made an order approving the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2014 as an eligible agreement under section 179 of the Fair Work Act 2009. The court also made an order that the agreement be registered by the Registrar of the Fair Work Commission. The applicant's application for costs was dismissed.

Harpercollins Publishers 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