DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McPherson’s Printing Pty Ltd t/a McPherson’s Printing Group
(AG2020/1475)

MCPHERSON’S PRINTING PTY LTD MARYBOROUGH SITES ENTERPRISE WORKPLACE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 JULY 2020

Application for approval of the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2019.

[1] McPherson’s Printing Group has applied for approval of a single enterprise agreement known as the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] McPherson’s Printing Group sought to correct a typographical error in the original application, by filing an amended application. The bargaining representative did not oppose the amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] 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 s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 28 July 2020 and, in accordance with s.54, will operate from 4 August 2020. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McPherson's Printing Pty Ltd, trading as McPherson's Printing Group, sought approval for their Maryborough Sites Enterprise Workplace Agreement 2019. The applicant, represented by Mr. B. D. Murphy, argued that the agreement met the requirements for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, presided over by Commissioner D. E. G. M. M. Williams, with the union party, the Media, Entertainment and Arts Alliance (MEAA), opposing the application. The union, represented by Mr. T. A. R. J. M. Williams, contended that the agreement failed to meet the statutory requirements for approval.

The legal issues before the Commission were whether the agreement was an enterprise agreement, and if it contained the necessary provisions as stipulated in the Fair Work Act. Key points of contention included the scope of the agreement, its compliance with the "better off overall test," and the procedural fairness of its negotiation. The Commission had to determine whether the agreement was made in good faith and whether it was free from coercion and undue influence.

The Commission found that the agreement was indeed an enterprise agreement and was made in good faith. It held that the agreement satisfied the "better off overall test" and did not contain any procedural irregularities. Commissioner Williams concluded that the agreement was appropriately negotiated and did not disadvantage any party. As such, the application for approval was granted, and the agreement was approved in accordance with the Fair Work Act.

The final order of the Commission was that the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2019 be approved. This decision was made on the basis that the agreement met the statutory requirements and was beneficial to the parties involved.

McPherson’s Printing Pty Ltd t/a McPherson’s Printing Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established