Heidelberg Graphic Equipment Limited Summary

[2014] FWCA 3485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heidelberg Graphic Equipment Limited
(AG2014/6075)

HEIDELBERG AUSTRALIA, AMWU & ETU CUSTOMER SUPPORT DIVISION - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MAY 2014

Application for approval of the Heidelberg Australia, AMWU & ETU Customer Support Division - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Heidelberg Australia, AMWU & ETU Customer Support Division - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Heidelberg Graphic Equipment Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 2 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heidelberg Graphic Equipment Limited was the subject of an application for the approval of the 2013 Enterprise Agreement. The parties involved were Heidelberg Australia, the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU). The nature of the dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements of the Act and whether the agreement was in the best interests of the employees. Specifically, the Commission needed to determine if there had been genuine bargaining between the parties and if the agreement provided for fair and reasonable terms and conditions of employment. The AMWU and ETU argued that the agreement was the result of genuine negotiations and that it provided fair and reasonable terms for their members. Heidelberg, on the other hand, contended that the agreement did not meet the necessary legal standards.

The Commission found that the agreement was the result of genuine negotiations between the parties. It noted that there was evidence of active and meaningful discussions, and that both unions had been involved in the bargaining process. Furthermore, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. It found that the agreement addressed key issues such as wages, hours of work, and other employment conditions, and that it provided for adequate protections for employees. Based on these findings, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Heidelberg Australia, AMWU & ETU Customer Support Division - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2013. The decision confirmed that the agreement met the legal requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees represented by the AMWU and ETU.

Heidelberg Graphic Equipment Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established