Note Printing Australia Limited

[2023] FWCA 2821

[2023] FWCA 2821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Note Printing Australia Limited

(AG2023/2915)

NOTE PRINTING AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2023 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 4 SEPTEMBER 2023

Application for approval of the Note Printing Australia Limited Enterprise Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the Note Printing Australia Limited Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Note Printing Australia Limited. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 31 May 2023 and the Agreement was made on 14 August 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

1. Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

1. The Agreement was approved on 4 September 2023 and, in accordance with s.54, will operate from 11 September 2023. The nominal expiry date of the Agreement is 14 August 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

<AE521363  PR765823>