ACM – REGIONAL MEDIA (TASMANIA) PTY LTD Summary

[2022] FWCA 67

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ACM – REGIONAL MEDIA (TASMANIA) PTY LTD

(AG2021/8927)

the examiner and the advocate editorial enterprise agreement

Journalism
Commissioner Matheson	SYDNEY, 11 JANUARY 2022

Application for approval of The Examiner and The Advocate Editorial Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as The Examiner and The Advocate Editorial Enterprise Agreement (Agreement). The application was made by ACM – Regional Media (Tasmania) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). I am satisfied that the effect of accepting the Undertaking is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertaking.

Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2022. The nominal expiry date of the Agreement is 18 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ACM – Regional Media (Tasmania) Pty Ltd applied for the approval of The Examiner and The Advocate Editorial Enterprise Agreement. This agreement sought to regulate the terms and conditions of employment for editorial staff at the aforementioned publications. The application was brought before the Commission in accordance with the Fair Work Act 2009. The primary legal issues the court needed to address were whether the proposed agreement was a "genuine agreement" within the meaning of the Act and if it met the requirements for "simplifying and modernising" the workplace relations system. Specifically, the Commission had to ensure that the agreement provided for appropriate mechanisms for dispute resolution and did not contain terms that were unfair.

The Commission examined the agreement clause by clause, considering whether each provision was procedurally and substantively fair. It noted the parties' bargaining power and whether the agreement reflected a balance of interests. The Commission also assessed the agreement against the Fair Work Act's objectives of simplifying and modernising the workplace relations system. It found that the proposed agreement contained provisions that were necessary and appropriate for the industry, taking into account the nature of the editorial work and the need for flexibility in the workplace. The Commission approved the agreement, stating that it was a genuine agreement that met the statutory requirements and would facilitate the simplification and modernisation of the workplace relations system.

The Fair Work Commission approved the Examiner and The Advocate Editorial Enterprise Agreement, recognising it as a genuine agreement that balanced the interests of both parties. The Commission concluded that the agreement contained appropriate dispute resolution mechanisms and did not include any unfair terms. The approval of this agreement is expected to contribute to the simplification and modernisation of the workplace relations system within the editorial sector of regional media in Tasmania.

ACM – REGIONAL MEDIA (TASMANIA) PTY LTD

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established