DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pop Art Australia Pty Ltd T/A Pop Art
(AG2015/6754)

POP ART ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Pop Art Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pop Art 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 Pop Art Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Manufacturing Workers Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pop Art Australia Pty Ltd, trading as Pop Art, applied for approval of the Pop Art Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement fairly reflected the terms and conditions of employment of the employees covered by the agreement, and that it was consistent with the objectives of the Act.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed to by the parties. The Commission considered the evidence presented by the parties, including the process by which the agreement was negotiated and the views of the employees. The Commission also examined the terms and conditions of the agreement, including the rates of pay, hours of work, and other entitlements.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely agreed to by the parties. The Commission noted that the agreement had been negotiated in good faith, and that the employees had been given an opportunity to express their views on the proposed agreement. The Commission also found that the terms and conditions of the agreement were consistent with the objectives of the Act, and did not undermine the rights of employees or the broader community.

The Commission approved the Pop Art Enterprise Agreement 2015, subject to certain conditions. These conditions included the requirement that the applicant provide the Commission with regular reports on the operation of the agreement, and that the agreement be reviewed and updated every three years. The applicant was also required to provide the Commission with certain information about the operation of the agreement, including details of any disputes or grievances that arose under the agreement.

Pop Art Australia Pty Ltd T/A Pop Art

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established