DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Note Printing Australia Limited
(AG2015/1014)

NOTE PRINTING AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2015

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 15 MAY 2015

Application for approval of the Note Printing Australia Enterprise Bargaining Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Note Printing Australia Enterprise Bargaining Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Note Printing Australia Limited. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Finance Sector Union of Australia and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Note Printing Australia Limited recently appeared before the Fair Work Commission in an application for approval of a proposed enterprise bargaining agreement. The dispute arose between Note Printing Australia Limited, the employer, and the Australian Manufacturing Workers' Union, the union representing the employees. The Fair Work Commission was tasked with assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The legal issues central to the case involved determining if the agreement appropriately addressed the terms and conditions of employment, including wages, hours of work, and other employment-related matters, and whether it complied with the procedural and substantive requirements set by the Act.

The court examined whether the agreement contained the necessary minimum terms and conditions as specified by the Act, ensuring that employees were not disadvantaged compared to the relevant award or registered agreement. It also assessed whether the agreement had been genuinely negotiated and if the process followed adhered to the procedural fairness required by the Act. Furthermore, the court considered whether the agreement would promote harmonious, productive, and cooperative workplace relations. The court had to weigh these considerations against the broader context of maintaining a fair and equitable industrial relations system.

After thorough deliberation, the Fair Work Commission found that the proposed Note Printing Australia Enterprise Bargaining Agreement, 2015, met all the necessary requirements under the Fair Work Act. The agreement was deemed to appropriately address the terms and conditions of employment and to have been genuinely negotiated. The Commission concluded that the agreement would foster productive and cooperative workplace relations. Therefore, the application for approval was granted, and the agreement was certified as meeting the legal standards set by the Act. The final orders of the Commission included the certification of the agreement, effective from the date of the decision.

Note Printing Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established