DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing (VIC) Pty Ltd T/A Rural Press Printing Ballarat
(AG2017/204)

RURAL PRESS PRINTING BALLARAT EMPLOYEES ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 6 JULY 2017

Application for approval of the Rural Press Printing Ballarat Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rural Press Printing Ballarat Employees 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 (VIC) Pty Ltd T/A Rural Press Printing Ballarat. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rural Press Printing (VIC) Pty Ltd, trading as Rural Press Printing Ballarat, applied to the Fair Work Commission for approval of the Rural Press Printing Ballarat Employees Enterprise Agreement 2016. The application was contested by the Media, Entertainment and Arts Alliance (MEAA), which represented the employees. The crux of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of procedural fairness and the inclusion of mandatory terms. The case was heard by the Commission, presided over by Commissioner J. Smith.

The primary legal issues revolved around the procedural fairness in the negotiation process and the inclusion of mandatory terms within the agreement. The MEAA argued that the process lacked procedural fairness and that certain mandatory terms had not been adequately addressed. The company contended that the agreement was the product of a fair negotiation process and that all mandatory terms were appropriately incorporated. The Commission had to determine whether the agreement met the statutory standards for procedural fairness and the inclusion of mandatory terms.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process. It found that the process was generally fair, with adequate opportunities for the union to participate and present its views. The Commission also scrutinised the agreement to ensure it included all mandatory terms, as required by the Act. Upon reviewing the evidence and the agreement, the Commission concluded that the agreement met the necessary standards for approval. The procedural fairness was deemed adequate, and all mandatory terms were included, albeit with some minor adjustments.

The final order of the Commission was that the Rural Press Printing Ballarat Employees Enterprise Agreement 2016 be approved. The decision was made on the basis that the agreement was the result of a fair negotiation process and contained all mandatory terms, with some minor adjustments deemed necessary to ensure compliance. The approval of the agreement was granted, allowing it to come into effect as per its terms.

Rural Press Printing (VIC) Pty Ltd T/A Rural Press Printing Ballarat

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established