Rural Press Printing Pty Ltd Summary

[2016] FWCA 635

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rural Press Printing Pty Limited

(AG2016/2030)

RURAL PRESS PRINTING NORTH RICHMOND ENTERPRISE

AGREEMENT 2016

Graphic Arts

COMMISSIONER CAMBRIDGE

SYDNEY, 1 FEBRUARY 2016

Application for approval of the Rural Press Printing North Richmond Enterprise Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

Rural Press Printing North Richmond 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 (the Employer). The Agreement is a single-enterprise

agreement.

[2] The application was lodged at Sydney on 6 January 2016. The application included a

Statutory Declaration of Sean Herger made on behalf of the Employer and erroneously dated

6 April 2016 (the Declaration). The Declaration stated that the Agreement was made on 28

December 2015. Therefore the application was lodged within the 14 day time limit

established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied

before the Fair Work Commission (the Commission) can approve of an enterprise agreement.

I have reviewed the contents of the Declaration and I am satisfied that the procedural

requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the

Commission on 1 February 2016. I note that the file has included a Statutory Declaration of

Robyn Fortescue made on behalf of the “Automotive, Food, Metals, Engineering, Printing

and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union

(AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation

term at clause 10.
[2016] FWCA 635

[6] 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.

[7] The 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. As required by subsection 201

(2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will

operate from 8 February 2016. The nominal expiry date of the Agreement as provided for in

clause 5 of the Agreement, is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Rural Press Printing North Richmond Enterprise Agreement 2016. The application was lodged by Rural Press Printing Pty Limited, the employer, under section 185 of the Fair Work Act 2009. The agreement in question is a single-enterprise agreement made on 28 December 2015 and was submitted for approval on 6 January 2016. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), acting as an employee organisation, was also involved in the proceedings.

The primary legal issue for the Commission to determine was whether the application met the procedural requirements outlined in Part 2-4 of the Fair Work Act 2009. Specifically, the Commission needed to verify that the statutory declaration and other procedural formalities were correctly observed. Additionally, the Commission needed to ensure that the agreement met the necessary conditions for approval under sections 186, 187, and 188 of the Act, and that the AMWU's notice of coverage under section 183 of the Act was properly acknowledged.

In its decision, the Commission reviewed the application and found that all procedural requirements had been met. The statutory declaration provided by Sean Herger on behalf of the employer was considered valid, and the agreement was found to be compliant with the necessary sections of the Fair Work Act. The AMWU's notice of coverage was also noted and accepted, confirming that the agreement would cover the union. Consequently, the Commission approved the agreement, which will operate from 8 February 2016, with a nominal expiry date of 1 February 2020.

The final orders of the Commission were that the Rural Press Printing North Richmond Enterprise Agreement 2016 be approved and that it would commence on 8 February 2016, with its expiry date set for 1 February 2020.

Rural Press Printing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established