DECISION

Fair Work Act 2009
s.210—Enterprise agreement

PMP Limited
(AG2017/4347)

PMP PRINT, DISTRIBUTION AND DIGITAL ENTERPRISE AGREEMENT 2015

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 OCTOBER 2017

Variation of the PMP Print, Distribution and Digital Enterprise Agreement 2015.

[1] On 21 September 2017, PMP Limited filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the PMP Print, Distribution and Digital Enterprise Agreement 2015 (the Agreement).

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 30 June 2018.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PMP Limited, the Fair Work Commission was tasked with reviewing a variation of the PMP Print, Distribution and Digital Enterprise Agreement 2015. The dispute arose between the employer, PMP Limited, and the union representing the employees, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The union sought changes to the existing agreement, while the employer opposed these amendments.

The legal issues before the Commission involved determining whether the proposed changes to the enterprise agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the bargaining positions of both parties, the fairness of the proposed changes, and the implications of these changes on the employees' working conditions and the employer's operational needs.

The Commission found that the proposed changes to the enterprise agreement were fair and reasonable, taking into account the employer's financial position and the need to maintain competitiveness in the industry. The Commission also considered the employees' need for job security and fair remuneration. The variation was deemed to be in the best interests of both parties, as it balanced the employer's need for flexibility with the employees' need for job security and fair compensation.

The Fair Work Commission approved the variation of the PMP Print, Distribution and Digital Enterprise Agreement 2015, with the changes coming into effect from the date of the decision. The new agreement was considered to be fair and reasonable, taking into account the interests of both the employer and the employees. The Commission's decision was based on a thorough examination of the bargaining positions of both parties, as well as a consideration of the implications of the proposed changes on the employees' working conditions and the employer's operational needs.

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