Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia

[2023] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia

(AG2022/5361)

HEIDELBERG AUSTRALIA, AMWU & ETU LIFECYCLE OPERATIONS - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023

Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 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.

The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heidelberg Graphic Equipment Ltd, trading as Heidelberg Australia, brought an application before the Fair Work Commission, seeking approval of the proposed enterprise agreement between the company, the Australian Manufacturing Workers’ Union (AMWU), and the Electrical Trades Union (ETU). The proposed agreement, named the Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023, aimed to govern the employment terms and conditions for field service representatives within the electrical and mechanical sectors employed by Heidelberg Australia. The Commission's task was to assess whether the proposed agreement met the statutory criteria for approval, ensuring it adhered to the provisions of the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement was a "single, clear and whole" enterprise agreement, as required by section 228 of the Fair Work Act. This involved examining whether the agreement was free from prohibited content, complied with the good faith bargaining obligations, and contained all necessary terms and conditions. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient bargaining process, and if it adequately covered all employees within the agreed-upon enterprise.

Upon reviewing the application, the Commission found that the proposed agreement was comprehensive and clear, fulfilling the criteria for a single, clear and whole enterprise agreement. The Commission confirmed that the agreement was free from prohibited content, including any provisions that could undermine the operation of the enterprise. Furthermore, the Commission was satisfied that the agreement reflected the outcome of good faith bargaining and that it provided for all employees within the designated enterprise. The terms and conditions were deemed to be fair and reasonable, addressing the needs of both the employer and the employees effectively.

The Commission approved the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023, recognising it as a valid and compliant enterprise agreement. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of the relevant employees for the specified period. The approval reflects the Commission's satisfaction that the agreement was reached through a process of genuine negotiation and adequately represents the interests of both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established