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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agricultural Publishers Pty Ltd, an entity engaged in publishing, sought approval of the Journalists (ACM - Agricultural Media) Enterprise Agreement 2019 from the Fair Work Commission. The application was brought before the Commission to ensure the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it complied with the procedural requirements, and if it contained the necessary minimum terms and conditions as stipulated by the Act.

The Commission examined the agreement to ascertain its compliance with the relevant statutory provisions. It was necessary to determine if the agreement was genuinely negotiated between the employer and the employees, and if the necessary procedural steps had been followed. Additionally, the Commission had to verify whether the agreement included the minimum terms and conditions required by the Fair Work Act. The Commission considered submissions from both parties, including evidence of the negotiation process and adherence to procedural fairness.

Upon reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated, and all procedural requirements were met. The agreement contained all the necessary minimum terms and conditions. Therefore, the Commission approved the Journalists (ACM - Agricultural Media) Enterprise Agreement 2019. The decision was made in accordance with the principles established in previous case law, ensuring the integrity and effectiveness of the enterprise agreement.

Agricultural Publishers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established