DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PMP Limited T/A PMP Print and PMP Distribution, and PMP Digital
(AG2015/4538)

PMP PRINT, DISTRIBUTION AND DIGITAL ENTERPRISE AGREEMENT 2015

Graphic Arts
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 26 AUGUST 2015

Application for approval of the PMP Print, Distribution and Digital Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PMP Print, Distribution and Digital Enterprise Agreement 2015 (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 trading as PMP Print, Distribution and Digital. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PMP Limited T/A PMP Print and PMP Distribution, and PMP Digital were involved in a dispute that was brought before the Fair Work Commission. The matter pertained to the application for approval of the PMP Print, Distribution and Digital Enterprise Agreement 2015. This enterprise agreement was submitted for consideration under section 234 of the Fair Work Act 2009, seeking to ensure its compliance with the act's provisions.

The court was required to determine several key legal issues. It needed to assess whether the agreement met the requirements for "better off overall" as stipulated by the Fair Work Act. This involved examining whether the proposed conditions in the agreement were no worse off and at least one employee was better off overall compared to their previous conditions. Additionally, the court had to consider if the agreement complied with the good faith bargaining obligations and if the process leading to the agreement was conducted appropriately.

The Fair Work Commission deliberated on the application, examining the terms of the agreement in detail. It found that the agreement satisfied the "better off overall" test, as it provided improved conditions for at least one employee without making any employee worse off. The court also concluded that the process of reaching the agreement was conducted in good faith and adhered to the requirements of the Fair Work Act. As a result, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the PMP Print, Distribution and Digital Enterprise Agreement 2015, affirming its compliance with the statutory requirements. The court's decision was made final, and the agreement was authorised to take effect as intended.

PMP Limited T/A PMP Print and PMP Distribution, and PMP Digital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established