Rolls Printing Pty Ltd

Case [2015] FWCA 5945


[2015] FWCA 5945
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Rolls Printing Pty Ltd
(AG2015/4367)

ROLLS PRINTING PTY LTD WORKPLACE AGREEMENT 2015

Graphic Arts

COMMISSIONER CRIBB

MELBOURNE, 27 AUGUST 2015

Application for approval of the Rolls Printing Pty Ltd Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rolls Printing Pty Ltd Workplace 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 the Rolls Printing 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 27 August 2015 and, in accordance with s.54 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 30 April 2016.

Printed by authority of the Commonwealth Government Printer

<Price code C, AE415478  PR571300>

Details
AGLC
Rolls Printing Pty Ltd [2015] FWCA 5945
Case
[2015] FWCA 5945
Decision Date

CaseChat Overview and Summary

Rolls Printing Pty Ltd recently appeared before the Fair Work Commission to seek approval of its 2015 Workplace Agreement. The applicant, Rolls Printing Pty Ltd, is a company engaged in the printing industry, and the dispute arose over the terms and conditions outlined in their proposed agreement. The applicant sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the requirements for an enterprise agreement.

The legal issues before the Commission involved determining whether the agreement contained the necessary provisions to ensure it was fairly and properly made. Key concerns included whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the bargaining process and the content of the agreement. The Commission had to assess whether the agreement was genuinely negotiated, and whether it contained the mandated minimum terms and conditions. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' rights or entitlements.

After reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the proposed agreement was fairly and properly made. The Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. Furthermore, the Commission determined that the agreement did not adversely affect employees' rights or entitlements. Consequently, the Commission approved the Rolls Printing Pty Ltd Workplace Agreement 2015.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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