DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heidelberg Graphic Equipment Ltd
(AG2016/3848)

HEIDELBERG AUSTRALIA, AMWU & ETU CUSTOMER SUPPORT DIVISION - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Heidelberg Australia, AMWU & ETU Customer Support Division - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heidelberg Graphic Equipment Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Heidelberg Graphic Equipment Ltd, along with the Australian Manufacturing Workers' Union and the Electrical Trades Union, sought approval for the Heidelberg Australia, AMWU & ETU Customer Support Division - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2016 from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009, aiming to have the agreement declared as a registered agreement that would be applicable to employees covered by the agreement. The dispute centred on whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it met the minimum standards prescribed by the Act.

The court examined several legal issues, including whether the agreement was in writing and signed by authorised representatives of the parties, whether it contained the required terms and conditions, and if it complied with the minimum standards of the Act. The court also considered if the agreement had been made in good faith and whether it provided for the protection of employees' rights and interests. Furthermore, the court evaluated whether the agreement met the requirements for registration as a certified agreement.

In its reasoning, the court found that the agreement was in writing and had been signed by authorised representatives of the parties. The court confirmed that the agreement contained the necessary terms and conditions and was made in good faith. The court further determined that the agreement complied with the minimum standards prescribed by the Fair Work Act and provided for the protection of employees' rights and interests. As a result, the court approved the agreement and declared it to be a registered agreement under section 188 of the Fair Work Act. The agreement would now be applicable to employees covered by it, providing them with the rights and protections outlined in the agreement.

Heidelberg Graphic Equipment Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established