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

[2013] FWCA 7682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing (VIC) Pty Ltd T/A Rural Press Printing Ballarat
(AG2013/10627)

RURAL PRESS PRINTING BALLARAT EMPLOYEES ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 1 OCTOBER 2013

Application for approval of the Rural Press Printing Ballarat Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rural Press Printing Ballarat Employees Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 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, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4]
The Agreement was approved in Chambers on 1 October 2013 and, in accordance with s.54 of the Act, will operate from 8 October 2013. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

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 2013. The application came before the Full Bench of the Commission, comprising President Dowsett, Commissioner Ryan and Commissioner O'Donnell. The dispute centred around the terms of the proposed enterprise agreement, specifically regarding the classification of employees and their entitlements.

The key legal issues before the court were whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the classification of employees under the Printing and Kindred Industries Award 2010. The primary concern was whether the agreement properly categorised the employees and ensured their entitlements were not less favourable than those provided under the relevant award. The court also needed to consider if the agreement was made in good faith and if it complied with the procedural requirements under the Act.

The court examined the classification of employees under the proposed agreement and compared it to the award. It found that while some employees were appropriately classified, others were not, resulting in potential underpayment of wages. The court further considered whether the classification changes were made in good faith and whether the procedural requirements for the negotiation and approval of the agreement were met. Ultimately, the court determined that the agreement did not comply with the Act due to the improper classification of certain employees. The court ordered that the agreement be modified to correctly classify the employees and ensure their entitlements were in line with the award before it could be approved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established