Rural Press Printing Pty Ltd Summary

[2013] FWCA 979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rural Press Printing Pty Ltd
(AG2012/14494)

RURAL PRESS PRINTING NORTH RICHMOND ENTERPRISE AGREEMENT 2012

Graphic Arts
COMMISSIONER RIORDAN	SYDNEY, 11 FEBRUARY 2013

Application for approval of the Rural Press Printing North Richmond Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe Rural Press Printing North Richmond Enterprise Agreement 2012 (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 Applicant). 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 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) has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rural Press Printing Pty Ltd, sought approval of the Rural Press Printing North Richmond Enterprise Agreement 2012. This agreement was a proposed collective agreement under the Fair Work Act 2009. The dispute arose due to objections raised by the respondents, who argued that the agreement did not meet the requirements of the Fair Work Act. The matter was heard in the Fair Work Commission, which is responsible for handling such applications.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the criteria for registration, including whether it had been fairly negotiated and whether it complied with the provisions concerning pay rates, hours of work, and other terms and conditions. The Commission also needed to consider the objections raised by the respondents and assess whether these objections were valid and justified.

In its decision, the Commission examined the evidence presented by both the applicant and the respondents. The Commission found that the agreement had been fairly negotiated and contained terms and conditions that were in accordance with the Fair Work Act. The Commission dismissed the objections raised by the respondents, concluding that they did not have a valid basis. Consequently, the Commission approved the application for registration of the Rural Press Printing North Richmond Enterprise Agreement 2012.

The Fair Work Commission approved the application for registration of the Rural Press Printing North Richmond Enterprise Agreement 2012. The Commission found that the agreement was fairly negotiated and complied with the requirements of the Fair Work Act. The objections raised by the respondents were dismissed as unfounded. This decision ensures that the agreement is legally binding and can be implemented in accordance with its terms.

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