Note Printing Australia Limited

[2021] FWCA 6682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Note Printing Australia Limited
(AG2021/8140)

NOTE PRINTING AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2021-2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Note Printing Australia Limited Enterprise Agreement 2021-2023

[1] Note Printing Australia Limited (the Employer) has made an application for approval of an enterprise agreement known as the Note Printing Australia Limited Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Finance Sector Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 12 November 2021 and, in accordance with s 54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 14 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Note Printing Australia Limited was a party to an enterprise agreement that was due to expire. The application before the Fair Work Commission concerned the approval of a new enterprise agreement for the period 2021-2023. The applicant, Note Printing Australia Limited, sought to implement the new agreement, which had been negotiated with the employees' representatives. The dispute was primarily about the fairness and appropriateness of the proposed terms and conditions of employment under the new agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test," ensuring that no eligible employee would be worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees and that it was fairly negotiated and in good faith.

In evaluating the application, the Commission considered the submissions from both parties and the evidence provided. The Commission found that the proposed agreement met the "better off overall test" for the majority of employees, and there was no evidence of unfair discrimination. The Commission was also satisfied that the agreement was negotiated in good faith. Consequently, the Commission approved the Note Printing Australia Limited Enterprise Agreement 2021-2023, deeming it to be fair and appropriate for the employees.

The Fair Work Commission approved the new enterprise agreement for the period 2021-2023, ensuring that it would be applicable to the relevant employees of Note Printing Australia Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established