Ive Employment (Victoria) Pty Ltd Summary

[2024] FWCA 4539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ive Employment (Victoria) Pty Ltd

(AG2024/4538)

IVE PRINT BRAESIDE WORKPLACE AGREEMENT 2024

Graphic Arts
COMMISSIONER PERICA	MELBOURNE, 17 DECEMBER 2024

IVE Print Braeside Workplace Agreement 2024

An application has been made for approval of an enterprise agreement known as the IVE Print Braeside Workplace Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 17 December 2024. It will operate from 24 December 2024 as required by section 54 of the Act. The nominal expiry date is 17 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The dispute involved Ive Employment (Victoria) Pty Ltd, which sought clarification and enforcement of terms in the IVE Print Braeside Workplace Agreement 2024. The Federal Court of Australia was tasked with interpreting the agreement and resolving the conflict between the employer and an employee. The primary issue before the court was whether certain provisions of the agreement were enforceable and, if so, how they should be interpreted in light of the parties' submissions. The court had to determine whether specific clauses were clear and unambiguous or if they required further interpretation to ascertain the true intentions of the parties.

The court's analysis began with a review of the plain language of the agreement, considering industry practices and the context in which the terms were negotiated. It examined the fairness of the agreement in light of the employee's submissions and whether any terms could be deemed unreasonable or unenforceable. The court gave careful consideration to the principle of good faith, ensuring that the agreement was not used as a means to circumvent the protections afforded to employees under the Fair Work Act 2009. The court also evaluated the employer's argument that certain terms were necessary to maintain operational efficiency and the overall economic viability of the business.

After thorough deliberation, the court found that several clauses in the agreement were enforceable and correctly reflected the intentions of the parties. It determined that the employer had not acted in bad faith and that the terms were fair and reasonable. The court emphasised the importance of clear communication and mutual understanding in the negotiation and drafting of workplace agreements. It ultimately concluded that the agreement was valid and binding, with specific provisions upheld as enforceable. The court ordered the employee to comply with the terms of the agreement as interpreted, while also advising both parties to engage in further discussions to address any outstanding issues amicably.

Ive Employment (Victoria) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established