Australian Associated Press Limited T/A Aap

[2021] FWCA 6514

[2021] FWCA 6514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Associated Press Limited T/A Aap
(AG2021/7842)

JOURNALISTS (AUSTRALIAN ASSOCIATED PRESS) MEAA ENTERPRISE AGREEMENT 2020

Journalism
COMMISSIONER P RYAN	SYDNEY, 2 NOVEMBER 2021

Application for approval of the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2020

[1] Australian Associated Press Limited (the Employer) has made an application for approval of an enterprise agreement known as the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

[3] The employer 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. The undertakings are taken to be a term of the Agreement.

Clause 25.8.1 - Cashing out of Annual Leave residual balance

[4] I observe that clause 25.8.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 6.3 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.

Sections 186, 187, 188 and 190

[5] 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.

Section 183 Bargaining representatives

[6] The Media Entertainment and Arts Alliance (MEAA) 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 MEAA.

Approval

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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