Inprint Pty Ltd

[2013] FWCA 4233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inprint Pty Ltd
(AG2013/1544)

INPRINT PTY LTD ENTERPRISE COLLECTIVE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 28 JUNE 2013

Application for approval of the Inprint Pty Ltd Enterprise Collective Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Inprint Pty Ltd Enterprise Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Inprint Pty Ltd involved a dispute over the approval of the Inprint Pty Ltd Enterprise Collective Agreement 2013. The matter was brought before the Commission by the Australian Manufacturing Workers’ Union, which sought approval of the agreement. The company opposed the application on various grounds, raising issues concerning the agreement's compliance with the Fair Work Act 2009 and its fairness to the employees it covered.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act, and if it provided for the fair treatment of employees by addressing matters such as wages, conditions, and dispute resolution processes. The Commission had to consider if the agreement complied with the Act's requirements and if it was consistent with the principles of procedural and substantive fairness. The company's objections centred on specific clauses within the agreement that it argued were not in line with statutory provisions or were overly burdensome to the business.

In examining the application, the Commission evaluated the provisions of the agreement against the statutory framework and principles of fairness. The Commission found that while some of the clauses raised by the company did not align with the Act, others were consistent with it and did not contravene the principles of fairness. The Commission concluded that the agreement, with certain modifications, could be approved as it met the necessary criteria and provided for fair treatment of employees. The decision emphasised the importance of balancing the rights of employers with the protections afforded to employees under the Fair Work Act.

The Commission ordered that the Inprint Pty Ltd Enterprise Collective Agreement 2013 be approved with modifications to specific clauses, ensuring compliance with the Fair Work Act and fairness to the employees. The modified agreement was to be registered with the Commission, and the parties were directed to implement the approved terms. This decision provided clarity on the requirements for approving enterprise agreements and the considerations necessary to ensure they are fair and lawful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established