DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2020/365)

AGFA-GEVAERT LIMITED NATIONAL COMPREHENSIVE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 MARCH 2020

Application for approval of the Agfa-Gevaert Limited National Comprehensive Agreement 2020.

[1] The United Workers’ Union has made an application for approval of an enterprise agreement known as the Agfa-Gevaert Limited National Comprehensive Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 March 2020 and, in accordance with s 54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission for approval of the Agfa-Gevaert Limited National Comprehensive Agreement 2020. The application was opposed by the employer, who argued that certain provisions of the agreement were not in accordance with the Fair Work Act 2009. The matter was heard by Deputy President J R W Thomas.

The primary legal issue before the court was whether certain provisions of the agreement were consistent with the Fair Work Act 2009. The court had to determine if the provisions relating to the calculation of penalty rates and the classification of employees were in accordance with the Act. The court also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient system of dispute resolution.

The court found that the provisions of the agreement were in accordance with the Fair Work Act 2009. The court held that the provisions relating to the calculation of penalty rates and the classification of employees were consistent with the Act. The court also found that the agreement was made in good faith and that it provided for a fair and efficient system of dispute resolution. The court approved the agreement and made an order accordingly.

The court made an order approving the Agfa-Gevaert Limited National Comprehensive Agreement 2020 as a registered agreement under the Fair Work Act 2009. The order was made on 11 May 2020. The employer was directed to give written notice of the approval of the agreement to all employees covered by the agreement within 28 days of the date of the order.

United Workers’ Union

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established