DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advertiser Newspapers Pty Limited (ABN: 77 007 872 997) and ORS T/A News Corp Australia
(AG2016/7312)

NEWS CORP AUSTRALIA NEWSPAPERS - MEAA ENTERPRISE AGREEMENT 2016

Publishing industry
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the News Corp Australia Newspapers - MEAA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia Newspapers - MEAA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advertiser Newspapers Pty Limited (ABN: 77 007 872 997) and ORS T/A News Corp Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 16 February 2017 and, in accordance with s.54, will operate from 23 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Advertiser Newspapers Pty Limited and others, trading as News Corp Australia, the applicants sought approval of the News Corp Australia Newspapers - MEAA Enterprise Agreement 2016. The case was heard in the Fair Work Commission, where the applicants aimed to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Media, Entertainment and Arts Alliance (MEAA) and the South Australian Unions (SAU) were the respondents opposing the application. The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without any improper conduct.

The Fair Work Commission evaluated the compliance of the agreement with the Fair Work Act 2009, focusing on whether the agreement covered the necessary minimum terms and conditions as prescribed by the Act. The Commission considered the process through which the agreement was made, assessing whether it was done in good faith and free from any improper conduct. Additionally, the Commission examined the representation of the parties involved and the extent to which the agreement reflected the views of the employees.

Upon review, the Commission determined that the News Corp Australia Newspapers - MEAA Enterprise Agreement 2016 met the statutory requirements of the Fair Work Act 2009. The agreement was found to cover all the necessary minimum terms and conditions, and the process through which the agreement was made was deemed to be conducted in good faith and without any improper conduct. The Commission found that the agreement adequately reflected the views of the employees and was in the best interests of the workforce. Consequently, the Fair Work Commission approved the enterprise agreement, recognising it as a registered agreement under the Fair Work Act 2009.

Advertiser Newspapers Pty Limited (ABN: 77 007 872 997) and Ors T/A News Corp Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established