DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVE Employment (Australia) Pty Ltd
(AG2021/6694)

IVE PRINT WEB OFFSET MANDURAH ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 27 AUGUST 2021

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

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

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 2 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by IVE Employment (Australia) Pty Ltd for the approval of the IVE Print Web Offset Mandurah Enterprise Agreement 2021. The primary dispute centred around whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The parties included the applicant employer and the trade union representing the employees, the Media, Entertainment and Arts Alliance (MEAA). The Commission was tasked with determining if the agreement met all necessary legal criteria, including its coverage of a proper bargaining group, the absence of prohibited content, and the procedural fairness in its negotiation and drafting.

The central legal issues before the Commission involved whether the enterprise agreement was fairly negotiated and properly drafted. The Commission had to ensure the agreement covered a proper bargaining group, which in this case meant employees involved in the web offset printing industry. Additionally, the Commission had to examine whether the agreement contained any prohibited content, such as provisions that were against public policy or contrary to the provisions of the Fair Work Act. The procedural fairness of the negotiation and drafting process was also scrutinized to ascertain that both parties had a genuine opportunity to negotiate and that the agreement reflected a fair outcome.

The Fair Work Commission found that the IVE Print Web Offset Mandurah Enterprise Agreement 2021 met all statutory requirements for approval. The Commission confirmed that the agreement appropriately defined the bargaining group and did not include any prohibited content. The procedural fairness of the negotiation process was also upheld, with evidence demonstrating that both the employer and the union had a genuine opportunity to participate in negotiations. The Commission concluded that the agreement was appropriately negotiated and reflected a fair outcome for the employees, thereby approving the application for its registration.

The Commission ordered the registration of the IVE Print Web Offset Mandurah Enterprise Agreement 2021, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment of the relevant employees, subject to the provisions of the Fair Work Act. The registration also meant that the agreement could be used as a basis for resolving any future disputes between the employer and the employees covered by the agreement.

IVE Employment (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established