DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems
(AG2017/121)

THE ROLLS PRINTING PTY LTD WORKPLACE AGREEMENT 2016

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

Application for approval of the Rolls Printing Pty Ltd Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Rolls Printing Pty Ltd Workplace 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 The Trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a workplace agreement between the trustee for the Rolls Printing Unit Trust, trading as Rolls Filing Systems, and the employees of Rolls Printing Pty Ltd. The applicant sought to implement a new enterprise agreement, which the employees, represented by the National Tertiary Education Union, opposed. The dispute centred on the terms and conditions of employment, particularly regarding wage rates, leave provisions, and other employment benefits.

The primary legal issues before the commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided a safety net of minimum entitlements for employees. The commission had to determine if the agreement offered terms and conditions that were no worse than the relevant industrial instrument and whether it provided a safety net of minimum entitlements. The focus was also on whether the agreement complied with the procedural requirements, such as proper consultation and the provision of a copy of the proposed agreement to the relevant parties.

In reaching its decision, the commission examined the content of the proposed agreement and the evidence presented by both parties. The commission found that the agreement did not meet the statutory requirements under the Fair Work Act as it did not provide for a safety net of minimum entitlements, specifically concerning the annual leave provisions. The commission noted that the proposed leave entitlements were significantly lower than the minimum standards set by the relevant award, which led to the conclusion that the agreement did not comply with the Act. As a result, the commission dismissed the application for approval of the workplace agreement.

The final orders of the commission were that the application for approval of the Rolls Printing Pty Ltd Workplace Agreement 2016 be dismissed. The commission directed that the existing enterprise agreement remain in force until a new agreement that meets the statutory requirements is made. This outcome ensures that the employees of Rolls Printing Pty Ltd continue to be protected by the minimum entitlements provided under the relevant award.

The Trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established