Australian Associated Press Ltd. Summary

[2025] FWCA 1118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Associated Press Ltd.

(AG2025/791)

JOURNALISTS (AUSTRALIAN ASSOCIATED PRESS) MEAA ENTERPRISE AGREEMENT 2024

Journalism
COMMISSIONER CRAWFORD	SYDNEY, 2 APRIL 2025

Application for approval of the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Australian Associated Press Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the MEAA.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between Australian Associated Press Limited and the Media, Entertainment and Arts Alliance (MEAA). The nature of the dispute was the application for approval of the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2024. The Commission was tasked with assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the minimum entitlements of employees, whether it allowed for flexible arrangements in a manner that was fair and reasonable, and whether the agreement contained provisions that were contrary to public policy. The Commission also considered whether the agreement had been made in good faith and whether it met the procedural requirements for approval.

The Commission found that the proposed agreement met the statutory requirements for approval. It was determined that the agreement provided for the minimum entitlements of employees, allowed for flexible arrangements, and contained no provisions that were contrary to public policy. The Commission was satisfied that the agreement had been made in good faith and met the procedural requirements for approval. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the Journalists (Australian Associated Press) MEAA Enterprise Agreement 2024, subject to the modifications made by the Commission. The parties were directed to take all necessary steps to give effect to the approved agreement and to ensure compliance with the Act. The Commission also directed that the agreement be registered with the Fair Work Commission.

Australian Associated Press Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established