Rolls Printing Pty Ltd

[2014] FWCA 4916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rolls Printing Pty Ltd
(AG2014/1813)

ROLLS PRINTING PTY LTD WORKPLACE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 22 JULY 2014

Application for approval of the Rolls Printing Pty Ltd Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rolls Printing Pty Ltd Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 22 July 2014 and, in accordance with s.54 of the Act, will operate from 29 July 2014. The nominal expiry date of the Agreement is 30 April 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rolls Printing Pty Ltd applied to the Fair Work Commission for the approval of a workplace agreement. The applicant is a company engaged in printing and publishing, and the respondents are the Australian Manufacturing Workers' Union, representing the employees. The dispute arose over the terms and conditions of employment for the workers under the proposed workplace agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for minimum entitlements and if it was negotiated in good faith. The court considered the provisions of the Fair Work Act and relevant case law in its analysis.

In evaluating the agreement, the Commission examined the specific terms proposed and whether they adhered to the statutory minimum standards. It also assessed the negotiation process to ensure it was conducted in good faith. The Commission found that the agreement did indeed meet the statutory minimum standards and that there was evidence of good faith negotiation. However, it noted that there were some areas for improvement, particularly regarding clarity and employee consultation. Despite these observations, the Commission concluded that the agreement was fair and reasonable and approved it under section 184 of the Fair Work Act.

The Commission's decision was grounded in a detailed examination of the agreement's provisions and the negotiation process. It highlighted the importance of meeting minimum standards and conducting negotiations in good faith. The Commission also noted the value of clear and comprehensive terms to prevent future disputes. Ultimately, the agreement was approved, allowing it to be enforced as a binding contract between the parties. The final orders included the approval of the workplace agreement, with conditions that both parties adhere to the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established