DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rolls Printing Pty Ltd T/A Rolls Australia
(AG2020/922)

ROLLS PRINTING PTY LTD WORKPLACE AGREEMENT 2019

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 1 MAY 2020

Application for approval of the Rolls Printing Pty Ltd Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rolls Printing Pty Ltd Workplace Agreement 2019 (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 T/A Rolls Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Rolls Printing Pty Ltd, trading as Rolls Australia, which sought approval of its 2019 Workplace Agreement from the Fair Work Commission. The applicant argued that the agreement was made in accordance with the Fair Work Act 2009 and that it contained appropriate terms and conditions that were in the best interests of the employees.

The legal issues before the court centred on whether the agreement complied with the requirements set out in the Fair Work Act, particularly regarding the process by which it was made and the fairness of its terms. The court had to determine whether the agreement was genuinely an enterprise agreement, made in good faith, and whether it complied with the provisions of the Act concerning the negotiation and content of the agreement.

The court examined the process by which the agreement was negotiated and concluded that the applicant had acted in good faith and followed the appropriate procedures as required by the Fair Work Act. The court also assessed the terms of the agreement, finding that they were reasonable and did not disadvantage the employees. Given the findings, the court approved the Workplace Agreement 2019.

The Fair Work Commission ordered that the Rolls Printing Pty Ltd Workplace Agreement 2019 be approved as a certified agreement, effective from the date of the decision. The court's approval ensures that the agreement will operate as a binding contract between the employer and the employees, subject to the provisions of the Fair Work Act.

Rolls Printing Pty Ltd T/A Rolls Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established