Offset Alpine Printing Pty Limited

[2014] FWCA 4042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Offset Alpine Printing Pty Limited
(AG2014/6175)

OFFSET ALPINE PRINTING PTY LIMITED, ENTERPRISE AGREEMENT

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 18 JUNE 2014

Application for approval of the Offset Alpine Printing Pty Limited, Enterprise Agreement.

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

[2] The application was lodged at Sydney on 26 May 2014. The application included a Statutory Declaration of Stuart Hoogstad made on behalf of the Employer and dated 26 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 23 May 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a deficiency with the application and invited the Employer to make comment and advance any proposed rectification of the identified deficiency.

[4] The Commission has received correspondence dated 13 June 2014, from the Employer which included a further Statutory Declaration of Stuart Hoogstad and an accompanying application (the correction application), seeking that, pursuant to s.586 of the Act, the Commission rectify the identified deficiency by allowing a correction to the application and or waive an irregularity by accepting a replacement signatory page 15 to the Agreement.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 18 June 2014. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at appendix B and a consultation term at appendix A.

[8] I have decided to grant the correction application made under s.586 of the Act. Accordingly the replacement signatory page 15 of the Agreement has been accepted. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[10] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 June 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Offset Alpine Printing Pty Limited sought approval for its enterprise agreement, which was the subject of a dispute between the company and its employees. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the parties contested whether the agreement provided adequate protections for employees' terms and conditions of employment and whether it was free from prohibited content.

The central legal issues the tribunal had to decide were whether the agreement complied with the Act’s requirements, including provisions relating to minimum wages and conditions, and whether the agreement appropriately balanced the interests of both employers and employees. The tribunal also needed to determine if the agreement contained any prohibited content, such as provisions that might undermine the rights of employees.

In its decision, the tribunal found that the enterprise agreement did not meet the necessary standards under the Act. It identified several deficiencies, including inadequate provisions for minimum wages and conditions, and the presence of content that was considered to be prohibited. Consequently, the tribunal refused to approve the agreement. The tribunal emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees and are free from any content that could be detrimental to employees' rights.

The tribunal's final order was that the enterprise agreement proposed by Offset Alpine Printing Pty Limited be refused approval. The tribunal directed that the agreement be returned to the parties for amendment in accordance with the Act, and that any further application for approval must address the identified deficiencies.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established