DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Advertiser Newspapers Pty Limited T/A News Corp Australia and Others
(AG2018/6292)

NEWS CORP AUSTRALIA NEWSPAPERS - MEAA ENTERPRISE AGREEMENT 2018

Journalism
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 APRIL 2019

Application for approval of the News Corp Australia Newspapers - MEAA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia Newspapers - MEAA Enterprise Agreement 2018 (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 T/A News Corp Australia

• Davies Brothers Pty Limited T/A News Corp Australia

• Gold Coast Publications Pty Limited T/A News Corp Australia

• Leader Associated Newspapers Pty Limited T/A News Corp Australia

• Messenger Press Pty Ltd T/A News Corp Australia

• Nationwide News Pty Ltd T/A News Corp Australia

• Queensland Newspapers Pty Ltd T/A News Corp Australia

• The Cairns Post Pty Limited T/A News Corp Australia

• The Geelong Advertiser Pty Ltd T/A News Corp Australia

• The Herald and Weekly Times Pty Limited T/A News Corp Australia

• The North Queensland Newspaper Company Pty Limited T/A News Corp Australia

[2] The Agreement is a single enterprise agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Advertiser Newspapers Pty Limited trading as News Corp Australia and others was heard, concerning the application for approval of the News Corp Australia Newspapers - MEAA Enterprise Agreement 2018. The dispute involved the application to approve a proposed enterprise agreement between the employer, News Corp Australia, and the Media, Entertainment and Arts Alliance (MEAA), representing the employees. The primary focus was on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court were whether the proposed enterprise agreement met the necessary criteria for approval, specifically under sections 231 and 232 of the Fair Work Act. This involved assessing whether the agreement was in the best interests of the employees, considering factors such as pay rates, conditions of employment, and procedural fairness. Additionally, the court needed to determine if the agreement appropriately balanced the rights of both employers and employees, ensuring it was not contrary to public policy.

The court considered the evidence provided by both parties, including submissions on the financial implications of the agreement for the employer and the benefits for the employees. It examined the bargaining process and whether it was conducted in good faith. The court also looked at the provisions of the agreement, such as those related to wages, hours of work, and dispute resolution mechanisms. Ultimately, the court found that the agreement was fair and reasonable, meeting the statutory requirements for approval. The employer's submissions did not demonstrate any significant detriments to its business, while the employees' representatives argued that the agreement provided adequate protections and benefits.

The final order of the court was to approve the News Corp Australia Newspapers - MEAA Enterprise Agreement 2018, subject to the conditions set out in the approval. This decision ensured that the agreement could be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

Advertiser Newspapers Pty Limited T/A News Corp Australia and Others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established