Kosdown Printing Co Pty Ltd Trading As Kosdown Printing

KOSDOWN PRINTING CO PTY LTD & AMWU ENTERPRISE AGREEMENT 2025

Application for approval of the Kosdown Printing Co Pty Ltd & AMWU Enterprise Agreement 2025

[1] Kosdown Printing Co Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Kosdown Printing Co Pty Ltd & AMWU Enterprise Agreement 2025 (the Agreement).

[2] 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 AMWU.

[3] The Agreement incorporates the Graphic Arts (General) Award 2000 as it stood on 1 March 2006 ("the pre-reform Award"). A number of the provisions of the pre-reform Award incorporated into the Agreement may be inconsistent with the National Employment Standards (NES). These provisions include:

• Parental leave entitlements that are less beneficial than NES in some respects.

• Clause 7.5.6(a) of the pre-reform Award states where an employee is absent from the employee's employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday.

• Clause 4.2.1(e)(ii) of the pre-reform Award purports to exclude apprentices from receiving notice of termination which is less beneficial that the Act.

[4] However, noting clause 6.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement does not provide for apprentice or trainee rates of pay except for those incorporated from the Graphic Arts (General) Award 2000. If apprentices or trainees are paid in accordance with the pre-reform Award, it is not evident how such employees would be better off overall. The Employer provided an undertaking to resolve this issue stating that whilst it does not intend to engage apprentices or trainees under the Agreement, if they do so, the apprentices or trainees will be paid no less than 90% of the hourly rate for the relevant level in Appendix 1 of the Agreement.

[6] 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. The undertakings are taken to be a term of the agreement.

[7] 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.

[8] The Agreement is approved. Notwithstanding clause 5.1 of the Agreement, in accordance with s.54 of the Act, the Agreement will operate from 19 November 2025. The nominal expiry date of the Agreement is 8 July 2028.

Printed by authority of the Commonwealth Government Printer