Mountain Press Pty Ltd

[2014] FWCA 225

[2014] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mountain Press Pty Ltd
(AG2013/11967)

MOUNTAIN PRESS PRE-PRESS COLLECTIVE AGREEMENT 2013

Publishing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 9 JANUARY 2014

Application for approval of the Mountain Press Pre-press Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mountain Press Pre-press Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mountain Press Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 13 December 2013. The application included a Statutory Declaration of Phillip Amos made on behalf of the Employer and dated 13 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 12 December 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] As a result of the commencement of operation of amendments to the Act, relating to terms of enterprise agreements which are held to be unlawful pursuant to subsection 194 (h) of the Act, the Employer was invited to consider the provision of an Undertaking. The Fair Work Commission (the Commission) has received correspondence dated 7 January 2014, from the Employer which included an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[4] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 9 January 2014.

[6] I note that the Agreement contains a flexibility term at clause 1.7 and a consultation term at clause 7.2.

[7] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 January 2014. The nominal expiry date of the Agreement as specified in clause 1.3 of the Agreement, is 8 October 2014.

COMMISSIONER

Undertaking:

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