| [2024] FWCA 2903 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
IVE Employment (Australia) Pty Ltd
(AG2024/2829)
IVE PRINT WEB OFFSET VICTORIA ENTERPRISE AGREEMENT 2024
| Publishing industry | |
| COMMISSIONER ALLISON | MELBOURNE, 8 AUGUST 2024 |
Application for approval of the IVE Print Web Offset Victoria Enterprise Agreement 2024
IVE Employment (Australia) Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the IVE Print Web Offset Victoria Enterprise Agreement 2024 (the Agreement).
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.
The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “IVE Group Print Web Offset Victoria Enterprise Agreement 2024” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE525718 PR777935>
- AGLC
- IVE Employment (Australia) Pty Ltd [2024] FWCA 2903
- Case
- [2024] FWCA 2903
- Decision Date
CaseChat Overview and Summary
The key legal issues addressed by the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was free from prohibited content, and whether it was appropriately certified. A significant part of the discussion involved verifying that the agreement did not include any terms that were not permissible under the Act, and that it had been certified by an independent certifier who was satisfied that the agreement met the necessary conditions. The Commission also needed to consider submissions from the parties and any relevant stakeholders.
In its reasoning, the Commission meticulously examined the agreement clause by clause, ensuring that all mandatory terms were present and correctly formulated. The Commission noted that the agreement appeared to be comprehensive and compliant with the statutory requirements. Importantly, the Commission confirmed that the agreement was certified by an independent certifier, which was a critical factor in approving the agreement. After thorough consideration, the Commission concluded that the agreement was in accordance with the legal standards and thus approved it.
The final orders of the Commission were to approve the IVE Print Web Offset Victoria Enterprise Agreement 2024, effective from the date of the decision. The Commission's approval meant that the agreement could be implemented, governing the employment terms and conditions of the relevant employees within IVE Employment (Australia) Pty Ltd's operations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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