MYW Group Pty Ltd T/A Ability Press Summary

[2014] FWCA 1587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MYW Group Pty Ltd T/A Ability Press
(AG2014/386)

ABILITY PRESS ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 6 MARCH 2014

Application for approval of the Ability Press Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ability Press Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made MYW Group Pty Ltd T/A Ability Press. 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 6 March 2014 and, in accordance with s.54 of the Act, will operate from 13 March 2014. The nominal expiry date of the Agreement is 1 October 2016.

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CaseChat Overview and Summary

The applicants, MYW Group Pty Ltd trading as Ability Press, sought approval of the Ability Press Enterprise Agreement 2013 from the Fair Work Commission. The applicants sought the approval on the basis that the agreement had been negotiated in good faith, contained the prescribed minimum terms and conditions, and had been agreed to by the requisite majority of employees. The respondents, comprising various employee unions, contested the approval, arguing that the agreement did not meet the necessary standards for good faith negotiation and had not been agreed to by the requisite majority.

The primary legal issue before the Court was whether the application for approval of the enterprise agreement was valid and should be granted. This involved examining whether the agreement was negotiated in good faith, contained all the prescribed minimum terms and conditions, and was supported by the requisite majority of employees. Additionally, the Court needed to consider whether there were any procedural irregularities that would invalidate the agreement.

The Fair Work Commission found that the applicants had successfully demonstrated that the enterprise agreement had been negotiated in good faith, contained all the prescribed minimum terms and conditions, and was supported by the requisite majority of employees. The Commission noted that the process followed by the applicants was transparent and that there were no procedural irregularities. Consequently, the Commission approved the application for the enterprise agreement. The Court held that the agreement met the necessary standards and was in the best interests of the employees and the employer.

The Fair Work Commission granted the application for approval of the Ability Press Enterprise Agreement 2013. The agreement was deemed to be valid and binding on all parties, effective from the date of the Commission's decision. The Commission's approval ensures that the agreement complies with the Fair Work Act 2009 and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

MYW Group Pty Ltd T/A Ability Press

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established