DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Note Printing Australia Limited T/A Note Printing Australia
(AG2018/7329)

NOTE PRINTING AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2018 - 2021

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 MARCH 2019

Application for approval of the Note Printing Australia Limited Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Note Printing Australia Limited Enterprise Agreement 2018 - 2021 (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 T/A Note Printing Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 14 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Note Printing Australia Limited, trading as Note Printing Australia, applied to the Fair Work Commission for approval of the Note Printing Australia Limited Enterprise Agreement 2018-2021. The dispute centred on the terms and conditions of employment for employees covered by the proposed agreement. The Fair Work Commission, as the relevant body under the Fair Work Act 2009, was tasked with reviewing and approving the agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of its compliance with the "better off overall test." The Commission had to consider whether the proposed terms and conditions provided employees with a safety net that was not less favourable than the applicable award or registered agreement. Additionally, the Commission assessed whether the agreement contained permissible "battering the bar" provisions.

The Commission found that the proposed agreement was consistent with the better off overall test, as it provided employees with increased wages, reduced working hours, and enhanced leave entitlements. The Commission also concluded that the "battering the bar" provisions were permissible as they did not result in a worse-off position for employees when compared to the applicable award. Consequently, the Fair Work Commission approved the Note Printing Australia Limited Enterprise Agreement 2018-2021.

The Fair Work Commission's decision to approve the enterprise agreement was based on its findings that the agreement met the statutory requirements under the Fair Work Act. The Commission considered the improved terms and conditions provided to employees and determined that they were better off overall. As a result, the agreement was approved and came into effect on the specified date.

Note Printing Australia Limited T/A Note Printing Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established