Note Printing Australia Limited Summary

[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

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.

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]

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.

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.

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

CaseChat Overview and Summary

The Fair Work Commission was presented with an application to approve the Note Printing Australia Limited Enterprise Agreement 2023-2026. The applicant, Note Printing Australia Limited, sought to have the agreement recognised as a Registered Agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including provisions relating to pay rates, conditions, and other employment terms for employees within the relevant industry.

The central legal issue before the Commission was whether the agreement adhered to the legislative criteria for registration. This included assessing whether the agreement was free from provisions that would unfairly discriminate against employees, whether it provided for minimum pay rates and conditions, and whether it was appropriately certified by an independent certifier. Furthermore, the Commission had to determine if the agreement was made in good faith and without coercion, as mandated by the Fair Work Act.

The Fair Work Commission, after thorough examination, found that the agreement complied with the statutory requirements for approval. The Commission was satisfied that the agreement contained provisions that met the minimum standards set out in the Fair Work Act, including adequate pay rates and conditions. Additionally, the agreement was deemed to have been made in good faith and without coercion, and it was certified by an independent certifier. Consequently, the Commission approved the Note Printing Australia Limited Enterprise Agreement 2023-2026 as a Registered Agreement, effective from 1 July 2023 until 30 June 2026.

In light of the approval, the Fair Work Commission issued a certificate of registration for the agreement, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees covered by the agreement.

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