DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regional Printers Pty Ltd
(AG2021/6707)

TAMWORTH PRINT & DISTRIBUTION ENTERPRISE AGREEMENT

Graphic Arts
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 SEPTEMBER 2021

Application for approval of the Tamworth Print & Distribution Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tamworth Print & Distribution Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Regional Printers Pty Ltd applied to the Fair Work Commission for approval of the Tamworth Print & Distribution Enterprise Agreement. The application was brought by the employer, which sought to have the enterprise agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement was a genuine enterprise agreement, meeting the criteria outlined in the legislation, and whether it provided for the employees' terms and conditions of employment fairly and effectively.

The primary legal issues were whether the agreement was genuinely negotiated and whether it met the various requirements of the Act, including the "better off overall test" and the "public interest test". The court had to determine if the agreement was made in good faith, without coercion, and if it contained the minimum terms and conditions specified in the Act. Additionally, the court considered if the agreement was likely to result in improved working conditions for the employees and whether it was in the public interest.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the requirements of the Fair Work Act. It concluded that the agreement was fair and met the better off overall test as it provided for improvements in pay and conditions for the employees. The commission also found that the agreement was in the public interest, as it contributed to the stability and productivity of the workplace. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission ordered the registration of the Tamworth Print & Distribution Enterprise Agreement, thereby making it a legally binding document between Regional Printers Pty Ltd and the employees covered by the agreement. This decision ensured that the terms and conditions of employment for the relevant employees were governed by the agreement, providing a clear and fair framework for their working conditions.

Regional Printers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established