DECISION

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

The Real Media Collective
(AM2021/68)

GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2020
[MA000026]

Graphic Arts
VICE PRESIDENT HATCHER DEPUTY PRESIDENT EASTON COMMISIONER BISSETT	SYDNEY, 23 JULY 2021

Application to vary a modern award – Graphic Arts, Printing and Publishing Award 2020 – reinserting the terms of Schedule X – Additional measures during the COVID-19 pandemic to operate until 31 December 2021 – Commission acting on its own initiative under s. 157(3) of the Fair Work Act 2009 (Cth) – Schedule X further to operate until 31 December 2021.

[1] On 15 June 2021, the Real Media Collective (RMC) made an application to vary the Graphic Arts, Printing and Publishing Award 2020 (the Graphic Arts Award) to reinstate the terms of the expired Schedule X—Additional measures during the COVID-19 pandemic in the Graphic Arts Award until 31 December 2021. 1

[2] On 16 July 2021 this Full Bench issued a statement 2 (the Statement) expressing the provisional view that, based on the current circumstances pertaining to the COVID-19 pandemic, the Fair Work Commission should act on its own initiative pursuant to s 157(3) of the Fair Work Act 2009 (Cth), to vary the Graphic Arts Award in the terms proposed by the RMC.

[3] The Statement invited interested parties to file submissions in response to the provisional view.

[4] Submissions confirming no opposition to the provisional view were filed by the Australian Industry Group on 22 July 2021 3 and the Australian Manufacturing Workers’ Union on 23 July 2021.4

[5] As no submissions were received opposing the provisional view, we confirm the provisional view and will vary on our own initiative the Graphic Arts Award in the terms proposed by the RMC.

[6] A determination giving effect to the change will be issued with this decision.

[7] The RMC’s application is formally dismissed as incompetent.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 RMC submission, 15 June 2021; RMC Draft determination, 15 June 2021.

2 [2021] FWCFB 4183.

3 Australian Industry Group submission, 22 July 2021.

4 Australian Manufacturing Workers’ Union submission, 23 July 2021.

CaseChat Overview and Summary

The Real Media Collective, a registered trade union representing employees in the graphic arts, printing, and publishing industries, applied to the Fair Work Commission to extend the temporary measures set out in Schedule X of the Graphic Arts, Printing and Publishing Award 2020. These measures were originally introduced in response to the COVID-19 pandemic and were set to expire on 30 June 2021. The application was made under the authority of section 157(3) of the Fair Work Act 2009 (Cth), which allows the Commission to vary an award on its own initiative if it considers it necessary to do so.

The primary legal issue the Commission had to resolve was whether the ongoing impact of the COVID-19 pandemic warranted the continuation of the temporary measures in Schedule X beyond the original expiry date. This involved considering the extent of the pandemic's ongoing effects on the industry, the need for continued protections for employees, and the broader economic context. The Commission also had to determine whether the proposed extension period of until 31 December 2021 was reasonable and justified.

The Fair Work Commission found that the ongoing effects of the COVID-19 pandemic, including fluctuations in infection rates and their impact on business operations, justified the extension of the temporary measures. The Commission noted that the pandemic's impact on the industry had been significant and ongoing, with many businesses still struggling to return to pre-pandemic levels of operation. The Commission was satisfied that the measures in Schedule X provided necessary protections for employees and that the proposed extension period was appropriate to allow businesses and employees to adjust to the changing circumstances. Consequently, the Commission varied the award to extend the operation of Schedule X until 31 December 2021.

The Commission's decision was based on a comprehensive analysis of the pandemic's ongoing impact on the industry and the need for continued protections for employees. By extending the temporary measures, the Commission aimed to provide stability and support to businesses and employees during this challenging period. The decision reflects the Commission's role in balancing the needs of the industry with the need to protect workers' rights and interests.

The Real Media Collective

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established