DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McPherson’s Printing Pty Ltd
(AG2015/841)

MCPHERSON’S PRINTING PTY LTD MARYBOROUGH SITES ENTERPRISE WORKPLACE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2015

Application for approval of the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2014 (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.

[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 21 April 2015 and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 1 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McPherson’s Printing Pty Ltd was the applicant, seeking approval of the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2014, while the respondent, the Union of Shop, Distributive and Allied Employees, opposed the application on the basis that the agreement did not comply with certain requirements of the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the agreement complied with the legal requirements under the Fair Work Act, specifically focusing on whether the agreement had been made in good faith, whether it was genuinely an enterprise agreement, and whether it had been negotiated in good faith. Additionally, the court needed to assess whether the agreement met the standards outlined in the Fair Work Regulations 2009, particularly concerning the process for making the agreement.

The court examined the process by which the agreement was negotiated and concluded that the process was fundamentally flawed due to the absence of genuine negotiation. The court found that the applicant had failed to engage in good faith negotiations with the respondent, as evidenced by the lack of meaningful discussion and the unilateral imposition of terms. Consequently, the court held that the agreement did not meet the statutory requirements and therefore could not be approved. The court emphasised the importance of genuine negotiation and good faith in the formation of enterprise agreements, underscoring the need for compliance with legislative standards to ensure fairness and protection for employees.

McPherson’s Printing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established