4 YEARLY REVIEW OF MODERN AWARDS – GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2010

The Fair Work Commission, comprising of Deputy President Moss and Commissioner O'Donnell, undertook a review of the Graphic Arts, Printing and Publishing Award 2010, addressing disputes raised by various parties including newspaper publishers and industry unions. The review focused on several contentious issues within the award, such as the definition of "metropolitan daily newspaper," the accrual of annual leave, the treatment of jury service leave, redundancy provisions, and the calculation of personal leave.

The legal issues at hand primarily revolved around the interpretation and application of sections 134, 138, and 156 of the Fair Work Act 2009. The court had to determine the appropriate coverage of "metropolitan daily newspapers," whether the accrual of annual leave should be based on a weekly or daily basis, the treatment of jury service as leave without pay, the redundancy provisions for employees, and the calculation of personal leave for employees in the industry. The court examined submissions from both the Australian News Media and the Community and Public Sector Union, as well as other stakeholders.

The Fair Work Commission concluded that the definition of "metropolitan daily newspaper" should be interpreted narrowly to exclude publications that do not meet the criteria of daily publication within a metropolitan area. Regarding annual leave, the Commission decided that leave should be accrued on a daily basis, aligning with the general practice in the industry. The court also ruled that jury service should be treated as leave with pay, not leave without pay. Furthermore, the redundancy provisions were deemed to be appropriately reflective of industry standards, and the calculation of personal leave was upheld as it stood in the award. The Commission’s findings and recommendations were detailed in the review, providing clarity on these contentious issues.

The final orders from the Fair Work Commission included specific amendments to the award to reflect the court’s decisions on the definition of "metropolitan daily newspaper," the accrual of annual leave, the treatment of jury service leave, and the calculation of personal leave. These changes were intended to provide greater certainty and fairness for both employers and employees within the industry.