| [2023] FWCA 19 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pegasus Media & Logistics Pty Ltd T/A Pegasus Media & Logistics Pty Ltd
(AG2022/5159)
PEGASUS PRINT GROUP ENTERPRISE AGREEMENT 2022
| Graphic Arts | |
| COMMISSIONER JOHNS | MELBOURNE, 4 JANUARY 2023 |
Application for approval of the Pegasus Print Group Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Pegasus Print Group Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pegasus Media & Logistics Pty Ltd T/A Pegasus Media & Logistics Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2022. The nominal expiry date of the Agreement is 1 July 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518779 PR749382>
Annexure A
- AGLC
- Pegasus Media & Logistics Pty Ltd T/A Pegasus Media & Logistics Pty Ltd [2023] FWCA 19
- Case
- [2023] FWCA 19
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement was made in good faith, whether it was fairly and reasonably negotiated, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to determine if the agreement had been made in compliance with the relevant provisions of the Fair Work (Registered Organisations) Act 2009, particularly in relation to the representation of the employees by a registered organisation.
After considering the submissions and evidence presented by both parties, the Commission found that the agreement was made in good faith and was the result of fair and reasonable negotiations. The agreement included all the required minimum terms and conditions, and it was compliant with the statutory requirements. Consequently, the Commission approved the Pegasus Print Group Enterprise Agreement 2022. The approval was contingent upon certain conditions, including the requirement that the agreement be registered with the Fair Work Commission.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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