DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PMP Limited
(AG2018/6451)

PMP PRINT, DISTRIBUTION AND DIGITAL ENTERPRISE AGREEMENT 2018

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the PMP Print, Distribution and Digital Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PMP Print, Distribution and Digital Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PMP Limited. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved PMP Limited, a significant entity in the media and publishing industry, and various unions representing its employees. The crux of the dispute centred on the proposed Enterprise Agreement for the Print, Distribution, and Digital sectors of PMP, termed the PMP Print, Distribution and Digital Enterprise Agreement 2018. The unions challenged the fairness and appropriateness of the proposed agreement, arguing it did not adequately protect employees' interests. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the proposed agreement was genuinely a bargain between the parties, whether it was free from coercion or undue influence, and whether it complied with the Fair Work Act’s provisions concerning employee protections and entitlements. The Commission also considered the balance of rights and obligations in the agreement, ensuring it did not disadvantage employees unfairly. Additionally, the Commission examined whether the agreement provided for proper consultation and negotiation processes and whether it was in the best interests of the employees involved.

In delivering its decision, the Commission carefully evaluated the evidence and submissions presented by both PMP Limited and the unions. The Commission noted the overall fairness of the proposed agreement, acknowledging that it contained provisions that adequately protected employees’ rights and interests. It found that the agreement was the product of genuine negotiation and was not coerced or influenced improperly. Furthermore, the Commission determined that the agreement did not unjustifiably disadvantage employees and met the statutory criteria for approval. Consequently, the Commission approved the PMP Print, Distribution and Digital Enterprise Agreement 2018, finding it to be fair and appropriate for the employees involved.

PMP Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established