IVE Employment (Australia) P/L

[2021] FWCA 1624

[2021] FWCA 1624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVE Employment (Australia) P/L
(AG2021/4072)

IVE PRINT WEB OFFSET VICTORIA ENTERPRISE AGREEMENT 2021

Publishing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 MARCH 2021

Application for approval of the IVE Print Web Offset Victoria Enterprise Agreement 2021.

[1] IVE Employment (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the IVE Print Web Offset Victoria Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Christopher Dexter as an employee bargaining representative for the Agreement. Christopher Dexter has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[5] I observe that clauses 16.2(b) and 17.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the Undertaking provided and clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 26 March 2021 and, in accordance with s 54, will operate from 2 April 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510875 PR728079>

Annexure A