Regional Printers Pty Limited

[2013] FWCA 3401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Printers Pty Limited
(AG2013/6420)

REGIONAL PRINTERS DUBBO ENTERPRISE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	BRISBANE, 30 MAY 2013

Application for approval of the Regional Printers Dubbo Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Regional Printers Dubbo Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Printers Pty Limited, the applicant, sought approval of the Regional Printers Dubbo Enterprise Agreement 2013 from the Fair Work Commission. The applicant's employees, represented by the Australian Manufacturing Workers Union, opposed the application, arguing the agreement was not fairly negotiated and contained provisions that were unfair. The dispute was heard in the Fair Work Commission, a specialist tribunal in Australia dealing with employment matters.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained any unfair terms. Genuine negotiation requires an honest and open exchange of views and proposals between the parties. Unfairness could be demonstrated if the terms were harsh, unjust, or oppressive. The Commission needed to assess whether the agreement met these standards.

The Fair Work Commission examined the negotiation process and the terms of the agreement. It found that while there were procedural shortcomings in the negotiation process, these did not affect the overall fairness of the agreement. The Commission also found that the terms of the agreement, although not ideal, were not unfair in the strict sense of the term. The applicant had demonstrated a willingness to negotiate and the terms were not oppressive or unjust to the employees. The Commission approved the application, emphasising the need for improved negotiation practices in the future.

The Fair Work Commission approved the Regional Printers Dubbo Enterprise Agreement 2013, noting that while there were procedural issues in the negotiation process, these did not render the agreement invalid. The Commission also determined that the terms of the agreement were not unfair and approved it for implementation. The decision highlighted the importance of ensuring genuine negotiation processes in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established