Platinum Employment Relations

[2013] FWCA 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Employment Relations
(AG2013/388)

PAUL ARNOLD BUSH PHOTOS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Northern Territory
COMMISSIONER LEE	MELBOURNE, 13 MARCH 2013

Application for approval of the Paul Arnold Bush Photos Pty Ltd Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Paul Arnold Bush Photos Pty Ltd Enterprise Bargaining Agreement 2013 (the Agreement). The application was made by Platinum Employment Relations, appointed bargaining representative for Paul Arnold Bush Photos Pty Ltd (the Employer) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2013. The nominal expiry date of the Agreement is 12 March 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Platinum Employment Relations and Paul Arnold Bush Photos Pty Ltd were the parties involved in this case, which was heard in the Fair Work Commission. The dispute centred around the approval of the Paul Arnold Bush Photos Pty Ltd Enterprise Bargaining Agreement 2013. The applicant sought the Commission's approval of the agreement, while the respondent, represented by the employer, contested the approval.

The legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act 2009, particularly the good faith bargaining provision in section 177. The respondent argued that the applicant had not genuinely attempted to negotiate in good faith, and that the agreement did not comply with the requirements for a modern award.

The Commission examined the evidence presented by both parties, including the negotiating history and the terms of the agreement. The Commission found that the applicant had engaged in genuine negotiations and that the agreement contained terms that were not less favourable than the relevant modern award. The Commission concluded that the applicant had met the good faith bargaining requirement and approved the agreement.

The Fair Work Commission approved the Paul Arnold Bush Photos Pty Ltd Enterprise Bargaining Agreement 2013, rejecting the respondent's objections. The Commission found that the applicant had engaged in genuine negotiations and that the agreement was not less favourable than the relevant modern award. The approval of the agreement was a significant outcome for the parties involved, providing them with a clear framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established