Rural Press Printing Pty Limited

Case [2015] FWCA 4358


[2015] FWCA 4358
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Rural Press Printing Pty Limited
(AG2015/3603)

RURAL PRESS PRINTING ORMISTON ENTERPRISE AGREEMENT 2015

Publishing industry

COMMISSIONER SIMPSON

BRISBANE, 30 JUNE 2015

Application for approval of the Rural Press Printing Ormiston Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rural Press Printing Ormiston Enterprise 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 Rural Press Printing Pty Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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, have 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 this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE414538  PR568833>

Details
AGLC
Rural Press Printing Pty Limited [2015] FWCA 4358
Case
[2015] FWCA 4358
Decision Date

CaseChat Overview and Summary

Rural Press Printing Pty Limited was a party in an application concerning the approval of the Rural Press Printing Ormiston Enterprise Agreement 2015. The application was made to the Fair Work Commission. The nature of the dispute revolved around whether the agreement met the necessary standards and requirements set by the Fair Work Act 2009. The key issue was whether the enterprise agreement was made in good faith and whether it contained the required minimum terms and conditions.

The court had to decide if the agreement was fairly and genuinely negotiated between the employer and the employees' representatives. It also had to determine if the agreement contained all the necessary minimum terms and conditions, including provisions on wages, hours of work, and other employment conditions. The court examined whether the agreement complied with the procedural requirements set out in the Fair Work Act 2009 and if it was made in good faith.

The court found that the Rural Press Printing Ormiston Enterprise Agreement 2015 was fairly and genuinely negotiated and contained all the necessary minimum terms and conditions. The court was satisfied that the agreement complied with the procedural requirements and was made in good faith. Therefore, the court approved the enterprise agreement. The decision was based on the evidence presented and the findings that the agreement met all the legal requirements.

The Fair Work Commission approved the Rural Press Printing Ormiston Enterprise Agreement 2015. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009. The agreement was to apply to all employees of Rural Press Printing Pty Limited covered by the agreement. This decision provided clarity and legal certainty for both the employer and employees regarding the terms and conditions of employment.

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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