Agricultural Publishers Pty Ltd

[2013] FWCA 3473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agricultural Publishers Pty Ltd
(AG2013/999)

THE LAND PRE-PRESS EMPLOYEES ENTERPRISE AGREEMENT 2013

Publishing industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 31 MAY 2013

Application for approval of The Land Pre-Press Employees Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as The Land Pre-Press Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2013. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agricultural Publishers Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The applicants, representing employees of The Land magazine, argued that the proposed agreement was fair and reasonable. The respondent, Agricultural Publishers, contested the approval, asserting that certain provisions contravened the safety net and genuine agreement provisions. The Fair Work Commission was tasked with determining the fairness and reasonableness of the agreement, including the provisions that Agricultural Publishers found objectionable.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining if the agreement provided for fair and reasonable terms and conditions, and if it complied with the safety net and genuine agreement requirements. The Commission also considered whether any provisions, such as those related to pay rates, conditions, and procedural fairness, were fair and reasonable. Additionally, the Commission needed to determine if the agreement was genuinely agreed upon by both parties, as required by the Act.

The Fair Work Commission concluded that the proposed agreement was fair and reasonable. The Commission found that the provisions contested by Agricultural Publishers did not contravene the safety net or genuine agreement provisions. It was determined that the agreement provided for appropriate terms and conditions and that there was evidence of genuine agreement between the parties. The Commission noted that the pay rates and conditions offered were fair, taking into account the specific circumstances of the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the The Land Pre-Press Employees Enterprise Agreement 2013, rejecting the objections raised by Agricultural Publishers. The Commission's decision was based on its finding that the agreement was fair and reasonable, met the safety net requirements, and was genuinely agreed upon by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established