DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agricultural Publishers Pty Ltd and others
(AG2018/479)

JOURNALISTS (FAIRFAX AGRICULTURAL MEDIA) ENTERPRISE AGREEMENT 2017-2019

Journalism
COMMISSIONER MCKINNON	MELBOURNE, 16 MAY 2018

Application for approval of the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2017-2019 (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; Rural Press Queensland Pty Ltd; Stock Journal Publishers Ltd; and West Australian Primary Industry Press Pty Ltd. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Agricultural Publishers Pty Ltd and others, which sought approval for the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2017-2019. The dispute centred around the terms and conditions of employment for journalists working within the agricultural media sector. The case was heard in the Fair Work Commission of Australia. The applicants argued that the proposed enterprise agreement, which contained specific terms regarding pay, hours, and other employment conditions, should be certified as a lawful agreement under the Fair Work Act 2009.

The court had to determine whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was an enterprise agreement that genuinely reflected the terms of employment for the journalists. The primary issue was whether the agreement was made in good faith and whether it contained the necessary procedural fairness provisions. Additionally, the court examined whether the agreement adequately covered the essential matters as prescribed by the Fair Work Act.

In reaching its decision, the court meticulously reviewed the content and the process of the agreement. It found that the agreement was made in good faith and contained all the necessary procedural fairness provisions. The court was satisfied that the agreement covered the essential matters as required by the Fair Work Act. The court determined that the agreement was a genuine enterprise agreement that fairly reflected the terms of employment for the journalists.

Accordingly, the court approved the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2017-2019. This approval meant that the agreement would become a binding enterprise agreement, applicable to the journalists working under it. The final orders included the certification of the enterprise agreement, allowing it to come into effect and be enforced under the Fair Work Act.

Agricultural Publishers Pty Ltd 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