Kosdown Printing Co P/L

[2016] FWCA 2178

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kosdown Printing Co P/L T/A Kosdown Printing

(AG2016/321)

KOSDOWN PRINTING PTY LTD ENTERPRISE AGREEMENT 2015

Graphic Arts

COMMISSIONER GREGORY

MELBOURNE, 7 APRIL 2016

Application for approval of the Kosdown Printing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Kosdown Printing Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kosdown

Printing Co P/L T/A Kosdown Printing. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.
[2016] FWCA 2178

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 April 2016. The nominal expiry date of the Agreement is30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2178

Annexure A

CaseChat Overview and Summary

The matter of the Kosdown Printing Pty Ltd Enterprise Agreement 2015 was before Commissioner Gregory in the Fair Work Court. Kosdown Printing Co P/L, trading as Kosdown Printing, sought approval of the Agreement, which was proposed to be a single enterprise agreement. The application for approval was made under section 185 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union, a bargaining representative for the Agreement, indicated its desire for the Agreement to cover it.

The legal issues in this case were whether the proposed Agreement met the requirements of the Fair Work Act, including provisions related to consultation, financial detriment, and changes to the Agreement. The court also had to determine if the Agreement covered the relevant organisation and if the prescribed model consultation term was incorporated as a term of the Agreement. The application for approval had to be considered in light of these statutory requirements.

Commissioner Gregory found that the proposed Agreement met all relevant requirements under the Fair Work Act. The court was satisfied that the written undertakings provided by the applicant would not cause financial detriment to employees and would not result in substantial changes to the Agreement. The Agreement was also found to cover the relevant organisation, and the prescribed model consultation term was incorporated as a term of the Agreement. Therefore, the Agreement was approved, with the approval effective from 14 April 2016. The nominal expiry date of the Agreement is 30 June 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established