Agricultural Publishers Pty Limited

[2022] FWCA 2875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Agricultural Publishers Pty Limited

(AG2022/3225)

Journalists Agricultural Media Enterprise Agreement

Journalism
COMMISSIONER WILSON	MELBOURNE, 22 AUGUST 2022

Application for approval of the Journalists Agricultural Media Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Journalists Agricultural Media Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agricultural Publishers Pty Limited. The Agreement is a single enterprise agreement.

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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Agricultural Publishers Pty Limited, sought the Fair Work Commission's approval of the Journalists Agricultural Media Enterprise Agreement 2014. The dispute centred around the classification of certain employees as journalists under the proposed agreement, which would have granted them higher wages and better conditions than those provided under the existing enterprise agreement. The Commission was asked to determine whether the classification was appropriate and if the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the employees in question could be classified as "journalists" under the proposed agreement. The applicant argued that the employees performed tasks that were substantially similar to those performed by journalists in other media organisations, and thus qualified for the higher wages and conditions. The respondent contended that the employees' primary role was to produce content for the agricultural sector, which did not align with traditional journalistic duties and thus should not warrant the higher classification.

The Commission found that the employees' roles did not meet the standard of being journalists as traditionally understood. The tasks they performed were more aligned with content creation specific to the agricultural industry rather than general journalism. The Commission noted that the proposed agreement did not adequately justify the classification of these employees as journalists, and thus the agreement could not be approved in its current form. Consequently, the application was dismissed.

The Commission's decision underscores the importance of accurately classifying employees to ensure that they receive appropriate remuneration and conditions. The Court held that the classification of employees as journalists must align with the traditional understanding of the role, which was not demonstrated in this case. As a result, the application for the approval of the Journalists Agricultural Media Enterprise Agreement 2014 was rejected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established