McPhersons Printing Pty Ltd T/A McPherson’s Printing Group

[2024] FWCA 1249

[2024] FWCA 1249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McPhersons Printing Pty Ltd T/A McPherson’s Printing Group

(AG2024/708)

MCPHERSON’S PRINTING PTY LTD MARYBOROUGH SITES ENTERPRISE WORKPLACE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 8 APRIL 2024

Application for approval of the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2023

1. McPhersons Printing Pty Ltd T/A McPherson’s Printing Group has applied for approval of an enterprise agreement known as the McPherson’s Printing Pty Ltd Maryborough Sites Enterprise Workplace Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. 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.

1. I observe that the following provisions may be inconsistent with or less beneficial than the National Employment Standards (NES):

·           Clause 27.6 regarding the notification of taking personal leave; and

·Clause 16.5 regarding conversion of an employee from casual employment to permanent employment.

1. However, taking into consideration the undertakings referred to above, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024.

1. In accordance with Clause 5.2, the nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524130  PR773257>

Annexure A