Rural Press Printing Pty Limited Summary

[2013] FWCA 5726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing Pty Limited
(AG2013/7950)

RURAL PRESS PRINTING (T/AS CAPITAL FINE PRINT) WORKPLACE AGREEMENT 2013

Graphic Arts
COMMISSIONER DEEGAN	CANBERRA, 14 AUGUST 2013

Application for approval of the Rural Press Printing (t/as Capital Fine Print) Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rural Press Printing (t/as Capital Fine Print) Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rural Press Printing Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rural Press Printing Pty Limited, trading as Capital Fine Print, applied to the Fair Work Commission for approval of a workplace agreement. The application involved employees who were part of the Printing and Kindred Industries Award 2010. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval, including whether it provided a safety net of minimum entitlements, was genuinely agreed upon, and had been fairly negotiated. The Commission also considered the implications of the agreement on the employees' terms and conditions.

The legal issues before the Commission included whether the proposed agreement provided a safety net of minimum entitlements as required by the Fair Work Act 2009. This involved examining whether the terms and conditions in the agreement met or exceeded the minimum standards set out in the relevant award. Additionally, the Commission had to determine whether the agreement was genuinely agreed upon by the employees and whether it had been fairly negotiated. These determinations involved assessing the process by which the agreement was reached and whether there was any coercion or undue influence.

In reaching its decision, the Commission carefully analysed the proposed agreement against the statutory requirements. It found that the agreement did provide a safety net of minimum entitlements and that it was genuinely agreed upon by the employees. The Commission concluded that the agreement had been fairly negotiated and that it did not undermine the protections afforded by the relevant award. The Commission approved the agreement, noting that it provided for better conditions than those stipulated in the award for certain aspects, thereby satisfying the requirements of the Act. The Commission also found that the process of negotiation and agreement was transparent and did not involve any unfair practices.

The Fair Work Commission approved the Rural Press Printing Workplace Agreement 2013, subject to the conditions set out in the decision. The approval was based on the findings that the agreement provided a safety net of minimum entitlements, was genuinely agreed upon, and had been fairly negotiated. This decision ensured that the employees would benefit from improved terms and conditions while maintaining compliance with the Fair Work Act 2009.

Rural Press Printing Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established