McPherson’s Printing Pty Ltd

[2018] FWCA 3888

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

McPherson’s Printing Pty Ltd

(AG2018/395)

McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2016

Graphic Arts
Commissioner Lee	MELBOURNE, 29 JUNE 2018

Application for approval of the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2016.

An application has been made for approval of an enterprise agreement known as the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McPherson’s Printing Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McPherson’s Printing Pty Ltd, the respondent, brought an application to the Fair Work Commission for the approval of a workplace agreement, specifically the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2016. The applicant, who is an employee of the respondent, opposed the application, citing concerns regarding the agreement's terms and conditions. The dispute was heard by the Fair Work Commission, which needed to determine whether the agreement met the necessary criteria for approval under Australian labour law.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. The applicant argued that certain provisions of the agreement did not meet the criteria for approval, specifically pointing to issues regarding procedural fairness and the provision of adequate information to employees. The respondent, on the other hand, asserted that the agreement was fair and reasonable, and that it complied with all relevant legislative requirements.

The Fair Work Commission assessed the arguments presented by both parties and examined the terms of the enterprise agreement in detail. The Commission considered whether the agreement had been made in good faith and whether it provided for a fair and reasonable method of determining employees' terms and conditions of employment. The Commission found that, while there were some procedural shortcomings, the overall agreement was fair and reasonable. It determined that the procedural issues did not undermine the fairness of the agreement and that the agreement met the necessary criteria for approval. Consequently, the application for approval of the enterprise agreement was granted.

The Commission's final order was that the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2016 be approved. The Commission emphasised the importance of ensuring that future negotiations and agreements adhere to the necessary procedural requirements to avoid similar disputes. The decision reinforces the importance of good faith and fair dealing in the formation of enterprise agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established