Vistaprint Australia Pty Ltd T/A Vistaprint Australia Summary

[2014] FWCA 6781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vistaprint Australia Pty Ltd T/A Vistaprint Australia
(AG2014/7529)

VISTAPRINT AUSTRALIA ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the Vistaprint Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vistaprint Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vistaprint Australia Pty Ltd T/A Vistaprint Australia. 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), I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 25 September 2014 and, in accordance with s.54 of the Act, will operate from 2 October 2014. The nominal expiry date of the Agreement is 24 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

Vistaprint Australia Pty Ltd, trading as Vistaprint Australia, sought approval for the Vistaprint Australia Enterprise Agreement 2014 from the Fair Work Commission (FWC). The application involved the classification of certain employees as casuals, and the terms and conditions governing their employment, which was the subject of dispute between the employer and the employees.

The primary legal issue before the Commission was whether the classification of certain employees as casuals was appropriate, and if the terms and conditions of employment outlined in the enterprise agreement were fair and reasonable. The Commission had to consider whether the enterprise agreement complied with the Fair Work Act 2009 and whether it provided for the employees' fair remuneration and conditions of employment.

The FWC found that the classification of certain employees as casuals was appropriate, as they did not have a regular and systematic pattern of work and were not entitled to paid leave entitlements. The Commission also found that the terms and conditions of employment in the enterprise agreement were fair and reasonable, as they provided for the employees' minimum entitlements and allowed for flexibility in the workplace. The FWC approved the enterprise agreement, noting that it provided for the employees' fair remuneration and conditions of employment, and was in compliance with the Fair Work Act.

The FWC's decision was based on the evidence presented by both parties and the principles set out in the Fair Work Act. The Commission considered the nature of the employees' work, their hours of work, and their entitlements, and found that the enterprise agreement provided for their fair remuneration and conditions of employment. The FWC also noted that the enterprise agreement allowed for flexibility in the workplace, which was important for the business operations of Vistaprint Australia. The approval of the enterprise agreement ensures that the employees are protected by the terms and conditions set out in the agreement, and that the employer can operate its business in a fair and reasonable manner.

Vistaprint Australia Pty Ltd T/A Vistaprint Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established