Agricultural Publishers Pty Ltd

[2020] FWCA 393

[2020] FWCA 393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agricultural Publishers Pty Ltd
(AG2019/4878)

JOURNALISTS (ACM - AGRICULTURAL MEDIA) ENTERPRISE AGREEMENT 2019

Journalism
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2020

Application for approval of the Journalists (ACM - Agricultural Media) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (ACM - Agricultural Media) 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 Agricultural Publishers Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15.2 – Redundancy Payment

•  Clause 15.3 – Acceptable Alternative Employment

However, noting clause 5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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