DECISION

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

Ovato Print Pty Limited
(AG2020/3200)

OVATO ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Ovato Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ovato Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Ovato Print Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 October 2020. The application included a Statutory Declaration of Julia Farrant made on behalf of the Employer and dated 21 October 2020 (the Declaration). The Declaration stated that the Agreement was made on 16 October 2020. 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 number of concerns relating to the contents of certain terms contained in the Agreement, which required rectification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 4 November 2020, from lawyers acting for the Employer which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertaking).

[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, the further material in support of the application and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, 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 6 November 2020. I note that the file has included a Statutory Declaration of Lorraine Cassin made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 9 and consultation terms at clauses 10 and 11.

[8] I am prepared to accept the Undertaking. As provided by s. 191 of the Act, the Undertaking is taken to be a term of the Agreement. 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 as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 November 2020. The nominal expiry date of the Agreement as specified in clause 4.2 of the Agreement, is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Ovato Print Pty Limited sought approval for the Ovato Enterprise Agreement 2020 in the Fair Work Commission. The dispute arose from the company's attempt to implement a new enterprise agreement, which was challenged by the Communication, Electrical, Electronic, Metal, Engineering, Printing and Kindred Industries Union (CEPU). The key issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it had been fairly and properly negotiated. The Fair Work Commission was required to determine if the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and if the bargaining process was conducted in good faith.

The Commission assessed the submissions from both parties, considering the provisions of the Fair Work Act and the principles of good faith bargaining. It examined the process by which the agreement was negotiated and whether the union had been provided with adequate information and an opportunity to participate meaningfully. The Commission also considered the terms of the agreement itself, including pay rates, conditions of employment, and any other relevant matters. After careful review, the Commission concluded that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment.

Consequently, the Fair Work Commission approved the Ovato Enterprise Agreement 2020. The Commission found that the agreement met all the statutory requirements and was in the best interests of the employees. The decision was made in accordance with the provisions of the Fair Work Act, and the agreement was deemed to be legally binding on the parties involved. The Commission's approval signified that the agreement could now be implemented, and the parties were bound by its terms.

Ovato Print Pty Limited

DECISION

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Legal Principle Established