Regional Printers Pty Limited

[2013] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Printers Pty Limited
(AG2013/6547)

REGIONAL PRINTERS TAMWORTH ENTERPRISE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 29 MAY 2013

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

[1] An application has been made for the approval of an enterprise agreement known as the Regional Printers Tamworth 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 5 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application by the employer, Regional Printers Pty Limited, for approval of the Regional Printers Tamworth Enterprise Agreement 2013. The application arose following negotiations between the employer and its employees represented by the Printing Industry Employees Union. The agreement in question sought to govern the terms and conditions of employment for certain employees of the employer in the Tamworth region. The dispute centred around the terms and conditions set out in the agreement and whether they complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the procedural fairness and the protection of employee rights. The employer argued that the agreement was a bona fide endeavour to secure an enterprise agreement, while the union contested certain provisions, asserting they did not meet the standards of procedural fairness and did not adequately protect employee interests.

In its decision, the Commission considered the procedural fairness of the negotiation process and the substantive terms of the agreement. The Commission found that the negotiation process was generally fair and that the agreement contained provisions that met the statutory requirements for procedural fairness. The Commission also considered the impact of the agreement on employee rights and found that, while some provisions were contentious, the overall agreement did not unjustifiably disadvantage employees and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the Regional Printers Tamworth Enterprise Agreement 2013.

The Commission's approval was subject to specific conditions, including the requirement for the employer to provide a copy of the approved agreement to all affected employees and to ensure compliance with the terms of the agreement. The union was also required to inform its members of the approval and the terms of the agreement. This decision marked the formal recognition of the enterprise agreement, which would now govern the employment conditions of the employees in the specified region.

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