Kosdown Printing Co Pty Ltd

[2014] FWCA 6287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kosdown Printing Co Pty Ltd
(AG2014/7390)

KOSDOWN PRINTING PTY LTD ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the Kosdown Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kosdown Enterprise Agreement 2013 (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 Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 10 September 2014 and, in accordance with s.54 of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Kosdown Printing Co Pty Ltd for approval of the Kosdown Enterprise Agreement 2013. The dispute arose from the negotiation process and the contents of the agreement, which governed the terms and conditions of employment for the company's employees. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether the terms and conditions of the agreement were fair and reasonable. Specifically, the Commission needed to determine whether the agreement had been negotiated in good faith, whether it contained all the mandated minimum terms, and whether it complied with the public interest considerations outlined in the Act.

In its decision, the Commission found that the negotiation process had been conducted in good faith, and that the agreement contained all the required minimum terms. The Commission also considered the public interest factors and found that the agreement did not adversely affect the broader economic or social interests of the community. The Commission concluded that the agreement was fair and reasonable, and thus approved it. The approval was subject to certain conditions, including the requirement for the company to provide further information and clarifications regarding specific terms of the agreement.

The Fair Work Commission's final order was that the Kosdown Enterprise Agreement 2013 be approved, subject to the conditions imposed. This decision provided clarity and finality to the parties involved, allowing the agreement to be implemented and providing a framework for the terms and conditions of employment within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established