Placard Pty Ltd Summary

[2014] FWCA 5310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Placard Pty Ltd
(AG2014/1916)

PLACARD PTY. LTD. ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 5 AUGUST 2014

Application for approval of the Placard Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Placard Pty. Ltd. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Placard Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 5 August 2014 and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Placard Pty Ltd, which sought approval for its Enterprise Agreement 2014 from the Fair Work Commission. The company submitted its application under the Fair Work Act 2009, aiming to secure the agreement's endorsement to govern the employment terms and conditions for its employees. The nature of the dispute centred around the procedural fairness and compliance of the agreement with the legislative requirements set forth by the Fair Work Act.

The primary legal issues the court needed to address were whether the agreement met the criteria for direct application and whether the process leading to the agreement's formulation was procedurally fair. Specifically, the court examined whether Placard Pty Ltd had followed the necessary steps to ensure that the employees were adequately informed and had the opportunity to participate in the agreement's development. Additionally, the court considered whether the agreement complied with the Fair Work Act's requirements, including the provision of a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission found that Placard Pty Ltd had followed the necessary procedures and ensured that the employees were adequately informed and had the opportunity to participate in the agreement's development. The court held that the agreement met the criteria for direct application and was procedurally fair. Furthermore, the commission concluded that the agreement provided a fair and reasonable outcome for both the employer and the employees, complying with the Fair Work Act's requirements. Consequently, the commission approved the Placard Pty Ltd Enterprise Agreement 2014.

Placard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established