DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Associated Press Pty Limited
(AG2018/1457)

JOURNALISTS (AUSTRALIAN ASSOCIATED PRESS) ENTERPRISE AGREEMENT 2017

Journalism
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 AUGUST 2018

Application for approval of the Journalists (Australian Associated Press) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Australian Associated Press) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Associated Press Pty Limited. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australian Associated Press Pty Limited and the relevant trade unions. The dispute centred on the approval of the Journalists (Australian Associated Press) Enterprise Agreement 2017, which the unions sought to have ratified. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the required terms and provisions as stipulated by the Act, and if it had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement provided for the fair treatment of employees and did not unfairly disadvantage any group of employees.

The Commission found that the agreement had been genuinely negotiated and contained all the required terms and provisions. It was noted that the agreement included protections for employees, such as provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commission determined that the agreement did not unfairly disadvantage any group of employees. Therefore, the Commission approved the agreement as compliant with the Fair Work Act 2009.

As a result of the Commission's findings, the Journalists (Australian Associated Press) Enterprise Agreement 2017 was approved and became legally binding on the parties involved. The decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements and provide fair treatment for employees.

Australian Associated Press Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established