Albany Advertiser Pty Ltd; Geraldton Newspapers Pty Ltd; and South West Printing and Publishing Company Limited

[2014] FWCA 5266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Albany Advertiser Pty Ltd; Geraldton Newspapers Pty Ltd; and South West Printing and Publishing Company Limited
(AG2014/6655)

WEST AUSTRALIAN REGIONAL NEWSPAPERS (EDITORIAL) ENTERPRISE BARGAINING AGREEMENT 2014

Journalism
COMMISSIONER CLOGHAN	PERTH, 4 AUGUST 2014

Application for approval of the West Australian Regional Newspapers (Editorial) Enterprise Bargaining Agreement 2014.

[1] On 2 July 2014, Albany Advertiser Pty Ltd; Geraldton Newspapers Pty Ltd; and South West Printing and Publishing Company Limited made application for approval of a single enterprise agreement to be known as the West Australian Regional Newspapers (Editorial) Enterprise Bargaining Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 17 June 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 11 August 2014.

[6] The nominal expiry date of this Agreement is 20 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Albany Advertiser Pty Ltd, Geraldton Newspapers Pty Ltd and South West Printing and Publishing Company Limited, collectively referred to as the applicants, sought approval for the West Australian Regional Newspapers (Editorial) Enterprise Bargaining Agreement 2014 (EBA) from the Fair Work Commission. This application arose from the need to formalise terms and conditions for editorial staff across various newspapers within the applicants' operations. The case was adjudicated in the Fair Work Commission, the tribunal responsible for overseeing workplace relations and employment agreements in Australia.

The central legal issues before the Commission involved the fairness, reasonableness, and compliance of the proposed EBA with the applicable legal standards. Specifically, the Commission had to determine whether the EBA met the criteria under the Fair Work Act 2009, ensuring it was not less favourable than the relevant award or safety net and was fairly negotiated. The applicants needed to demonstrate that the agreement provided for a safety net of minimum wages and conditions and that it had been genuinely negotiated with appropriate consultation.

In deliberating on the matter, the Commission evaluated the submissions and evidence provided by both the applicants and the relevant unions. The Commission found that the EBA was comprehensive and adequately covered the key terms of employment, including wages, working hours, and dispute resolution mechanisms. It concluded that the EBA was reasonably capable of being fairly negotiated and did not result in any employee being less favourably treated compared to the applicable awards. The Commission also noted the applicants' efforts to ensure meaningful consultation with the unions during the negotiation process. Accordingly, the Commission approved the EBA, considering it to be compliant with the relevant legislative framework.

The final orders of the Commission included the formal approval of the West Australian Regional Newspapers (Editorial) Enterprise Bargaining Agreement 2014. The EBA was thus endorsed and became a legally binding agreement between the applicants and their editorial staff, effective from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established