DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penguin Random House Australia Pty Ltd T/A United Book Distributors
(AG2019/1371)

UNITED BOOK DISTRIBUTORS ENTERPRISE AGREEMENT 2019

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COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2019

Application for approval of the United Book Distributors Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the United Book Distributors Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penguin Random House Australia Pty Ltd T/A United Book Distributors. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Penguin Random House Australia Pty Ltd T/A United Book Distributors, the Fair Work Commission considered an application for the approval of the United Book Distributors Enterprise Agreement 2019. The agreement in question was submitted by the employer, United Book Distributors, a major player in the distribution of books in Australia. The application was made under section 232 of the Fair Work Act 2009, seeking the Commission's approval of the proposed agreement as a single-enterprise agreement applicable to its employees.

The legal issues before the Commission primarily revolved around whether the proposed agreement met the statutory requirements for a single-enterprise agreement. Specifically, the Commission had to determine whether the agreement provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner, and whether it complied with the good faith bargaining provisions of the Fair Work Act. Additionally, the Commission assessed whether the agreement was likely to achieve a productive workplace relationship between the employer and the employees.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission considered the extensive bargaining process undertaken by the parties, which included multiple meetings and the exchange of numerous proposals and counter-proposals. The Commission was satisfied that the agreement reflected the outcomes of good faith bargaining and provided for the terms and conditions of employment in a fair and flexible manner. Furthermore, the Commission was convinced that the agreement was likely to achieve a productive workplace relationship. Consequently, the Commission approved the United Book Distributors Enterprise Agreement 2019.

In light of the Commission's approval, the United Book Distributors Enterprise Agreement 2019 is now a legally binding single-enterprise agreement. This decision underscores the importance of thorough and genuine bargaining processes in achieving agreements that are fair and conducive to productive workplace relationships. The outcome serves as a reminder for both employers and employees of the responsibilities and obligations inherent in the enterprise agreement process under the Fair Work Act.

Penguin Random House Australia Pty Ltd T/A United Book Distributors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established