DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACM Community Newspapers Pty Ltd and Regional Publishers Pty Limited
(AG2019/4894)

JOURNALISTS’ (ACM - COMMUNITY NEWSPAPERS SYDNEY GROUP) ENTERPRISE AGREEMENT 2019

Journalism
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Journalists’ (ACM - Community Newspapers Sydney Group) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ (ACM - Community Newspapers Sydney Group) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACM Community Newspapers Pty Ltd and Regional Publishers Pty Limited (ACM Community Newspapers Pty Ltd is an associated entity of Regional Publishers Pty Limited). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[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] I note that Clauses 2.4.6, 6.4.1, 6.4.6, 6.5.3, 6.6 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement lodged contained an error at clause 5.1.7. On the 31 January 2020, the Applicant filed an amended page to the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Media, Entertainment and Arts Alliance 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the ACM Community Newspapers Pty Ltd and Regional Publishers Pty Limited for the approval of the Journalists’ (ACM - Community Newspapers Sydney Group) Enterprise Agreement 2019. The application was made under section 184 of the Fair Work Act 2009, which allows for the approval of enterprise agreements by the Fair Work Commission. The dispute centred on whether the proposed agreement met the legal standards for approval, including whether it contained the required minimum terms and conditions as stipulated by the Act.

The legal issues before the court included the interpretation and application of the provisions of the Fair Work Act 2009, particularly in relation to the mandatory minimum terms and conditions that must be included in an enterprise agreement. The court had to consider whether the proposed agreement satisfied these requirements and whether it complied with the procedural fairness principles applicable to the approval process. Additionally, the court examined whether the agreement was made in good faith and whether it adhered to the bargaining principles outlined in the Act.

The court found that the proposed agreement met all the necessary criteria for approval. It was determined that the agreement included the mandatory minimum terms and conditions, was made in good faith, and complied with the procedural fairness principles. The court also noted that the bargaining process had been conducted appropriately, with both parties engaging in good faith negotiations. Consequently, the court approved the Journalists’ (ACM - Community Newspapers Sydney Group) Enterprise Agreement 2019.

The final orders of the court were to approve the proposed enterprise agreement, confirming that it was made in accordance with the Fair Work Act 2009. The agreement was deemed to be legally valid and binding on the parties involved, providing a framework for the employment terms and conditions of the journalists within the specified group.

ACM Community Newspapers Pty Ltd and Regional Publishers Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established