DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVE Employment (Victoria) Pty Ltd T/A Blue Star PRINT Victoria
(AG2016/7348)

BLUE STAR PRINT CLAYTON WORKPLACE AGREEMENT 2016 - 2020

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 19 JANUARY 2017

Application for approval of the Blue Star PRINT Clayton Workplace Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star PRINT Clayton Workplace Agreement 2016 - 2020 (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 (Victoria) Pty Ltd T/A Blue Star PRINT Victoria. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 26 January 2017. The nominal expiry date of the Agreement is 17 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

IVE Employment (Victoria) Pty Ltd trading as Blue Star PRINT Victoria sought approval of the Blue Star PRINT Clayton Workplace Agreement 2016 - 2020, a modern award, in the Fair Work Commission. The dispute arose from the employer’s assertion that the agreement provided a more favourable outcome for the employees than the award, thus warranting its approval. The applicant argued that the agreement's provisions on wages, leave, and termination were beneficial compared to the minimum standards stipulated in the award.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award and whether it was genuinely negotiated. The Commission examined the content of the agreement against the award to determine if it met the threshold for approval.

The Commission concluded that the agreement did indeed provide terms and conditions that were no less favourable than those in the award and that it had been genuinely negotiated. The agreement included provisions on wages, leave, and termination that were at least as favourable as the minimum standards of the award. The Commission was satisfied that the agreement met the statutory criteria for approval. Accordingly, the application for approval was granted.

The Fair Work Commission approved the Blue Star PRINT Clayton Workplace Agreement 2016 - 2020, confirming its compliance with the statutory requirements and its genuine negotiation. The agreement was found to offer terms and conditions that were no less favourable than the award, thus warranting its approval.

IVE Employment (Victoria) Pty Ltd T/A Blue Star PRINT Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established