Regional Publishers (Western Victoria) Pty Ltd Summary

[2013] FWCA 9237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd
(AG2013/11484)

REGIONAL PUBLISHERS (WESTERN VICTORIA) PTY LTD PRE-PRESS COLLECTIVE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Regional Publishers (Western Victoria) Pty Ltd Pre-press Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regional Publishers (Western Victoria) Pty Ltd Pre-press Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Publishers (Western Victoria) 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.

[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 was approved in Chambers on 22 November 2013 and, in accordance with s.54 of the Act, will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 September 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Regional Publishers (Western Victoria) Pty Ltd sought approval of the Regional Publishers (Western Victoria) Pty Ltd Pre-press Collective Agreement 2013 from the Fair Work Commission. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The key parties involved in the proceedings were Regional Publishers, a representative employer for the pre-press industry in Western Victoria, and the relevant unions representing the employees in this industry.

The primary legal issues before the Commission were whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it contained provisions that were contrary to public policy or were otherwise unlawful. The Commission also had to determine if the agreement complied with the relevant sections of the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission found that the agreement was fair and efficient, provided for the appropriate determination of terms and conditions, and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for a structured and transparent process for the resolution of workplace disputes and included provisions for the protection of employees' rights. The Commission approved the agreement on the basis that it met the statutory requirements and would serve the interests of both the employer and the employees.

The Fair Work Commission approved the Regional Publishers (Western Victoria) Pty Ltd Pre-press Collective Agreement 2013, determining that it met the criteria for approval under the Fair Work Act 2009. The Commission's decision acknowledged the agreement's provisions for a fair and efficient determination of terms and conditions of employment and its compliance with the relevant statutory requirements.

Regional Publishers (Western Victoria) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established