McPherson's Printing Pty Ltd T/A McPherson's Printing Group Summary

[2023] FWCA 147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McPherson's Printing Pty Ltd T/A McPherson's Printing Group

(AG2022/5425)

MCPHERSON'S PRINTING PTY LTD MARYBOROUGH SITES ENTERPRISE WORKPLACE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 18 JANUARY 2023

Application for approval of the McPherson's Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2022

McPherson’s Printing Pty Ltd has applied for approval of an enterprise agreement known as the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26.2 – Annual Leave, Annual Leave Loading, Taking Of Annual Leave;
·   Clause 27.4 – Personal Leave; and
·   Clause 28 – Compassionate Leave.

However, noting clause 7.2 of the Agreement and the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 1 September 2023.

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, applied to the Fair Work Commission for the approval of their Enterprise Workplace Agreement for the Maryborough sites. The application involved an agreement that had been entered into between the company and its employees, and the dispute centred on whether the agreement complied with the relevant legislative and regulatory framework.

The legal issues that the court had to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the fairness and coverage of the agreement. The court also considered whether the agreement had been made in good faith and whether it provided for appropriate mechanisms for dispute resolution. The fairness of the agreement was assessed against a set of criteria, including whether it provided for adequate terms and conditions of employment, such as wages, hours of work, and other entitlements.

The Fair Work Commission found that the agreement was fair and reasonable, meeting all the statutory requirements. The court noted that the agreement had been made in good faith and provided for appropriate mechanisms for dispute resolution. The commission was satisfied that the agreement covered all employees at the Maryborough sites and that it provided for adequate terms and conditions of employment. The court held that the agreement was not detrimental to the employees and that it provided for appropriate mechanisms for resolving disputes that may arise under the agreement.

The Fair Work Commission approved the McPherson's Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2022. The court ordered that the agreement be registered and be in effect from the date of the approval. The decision provided clarity for the parties involved and confirmed the legality and enforceability of the agreement.

McPherson's Printing Pty Ltd T/A McPherson's Printing Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established