DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pelikan Artline (Australia) Pty Limited
(AG2016/6937)

PELIKAN ARTLINE MULTISTAMP KINGS PARK ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2017

Application for approval of the Pelikan Artline Multistamp Kings Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pelikan Artline Multistamp Kings Park Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pelikan Artline (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pelikan Artline (Australia) Pty Limited applied to the Fair Work Commission for approval of the Pelikan Artline Multistamp Kings Park Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia, which claimed that the agreement did not meet the requirements of the Fair Work Act 2009 for proper enterprise agreements. The union argued that the agreement did not appropriately cover all employees within the enterprise, did not sufficiently address terms and conditions of employment, and failed to provide adequate mechanisms for resolving disputes.

The Fair Work Commission examined the provisions of the agreement to determine whether it complied with the statutory criteria for enterprise agreements under the Fair Work Act. The court considered whether the agreement had been genuinely negotiated, covered the requisite number of employees, and contained the necessary terms and conditions. Furthermore, the court assessed whether the agreement provided fair and effective mechanisms for resolving disputes between the parties. The union's objections were focused on the scope of the agreement, the inclusion of specific terms, and the dispute resolution provisions.

After reviewing the arguments and the evidence presented, the Fair Work Commission determined that the Pelikan Artline Multistamp Kings Park Enterprise Agreement 2016 met the statutory requirements for an enterprise agreement. The commission found that the agreement had been genuinely negotiated, covered all relevant employees, and contained the necessary terms and conditions. The commission also found that the agreement provided fair and effective mechanisms for resolving disputes. As a result, the commission approved the agreement.

The Fair Work Commission ordered that the Pelikan Artline Multistamp Kings Park Enterprise Agreement 2016 be approved and registered as an enterprise agreement under the Fair Work Act 2009. The union's objections were dismissed, and the agreement was approved with effect from the date of the commission's decision.

Pelikan Artline (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established