DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing Pty Limited T/A Fairfax Media Printing & Distribution Canberra
(AG2016/5064)

RURAL PRESS PRINTING PTY LIMITED (T/AS FAIRFAX MEDIA PRINTING & DISTRIBUTION CANBERRA) ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Rural Press Printing Pty Limited (t/as Fairfax Media Printing & Distribution Canberra) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rural Press Printing Pty Limited (t/as Fairfax Media Printing & Distribution Canberra) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rural Press Printing Pty Limited T/A Fairfax Media Printing & Distribution Canberra. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rural Press Printing Pty Limited, trading as Fairfax Media Printing & Distribution Canberra, sought approval of their 2016 Enterprise Agreement from the Fair Work Commission. The dispute involved the application of the Fair Work Act 2009, focusing on whether the proposed agreement met the criteria for registration as a certified agreement. The application was brought before the Fair Work Commission, which held jurisdiction under the Fair Work Act.

The legal issues central to the decision revolved around whether the proposed Enterprise Agreement complied with the statutory requirements for certification, particularly sections 231 and 233 of the Act. Key points of contention included the process by which the agreement was formed, the scope of bargaining, and whether the agreement provided for fair and reasonable terms and conditions for the employees involved. Additionally, the court needed to consider whether the agreement was free from any prohibited content, such as provisions that contravened minimum entitlements.

The Fair Work Commission examined the evidence and submissions from both parties, assessing the fairness and reasonableness of the agreement. The Commission concluded that the agreement satisfied all necessary criteria for certification. The evidence demonstrated that the agreement had been formed through a genuine and proper process of bargaining, covered the appropriate scope, and provided for fair and reasonable terms and conditions. The Commission also found that the agreement was free from any prohibited content, thus complying with all relevant statutory provisions. Based on this, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Rural Press Printing Pty Limited (t/as Fairfax Media Printing & Distribution Canberra) Enterprise Agreement 2016. The decision was made on the basis that the agreement met all the statutory requirements for registration, including proper bargaining, fair terms and conditions, and the absence of prohibited content.

Rural Press Printing Pty Limited T/A Fairfax Media Printing & Distribution Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established