Australian Associated Press Pty Ltd Summary

[2014] FWCA 5687

FAIR WORK COMMISSION

DECISION

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

Australian Associated Press Pty Ltd
(AG2014/7032)

JOURNALISTS (AUSTRALIAN ASSOCIATED PRESS) ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 20 AUGUST 2014

Application for approval of the Journalists (Australian Associated Press) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Australian Associated Press) Enterprise Agreement 2014(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 7 August 2014. The application included a Statutory Declaration of Amy Singh made on behalf of the Employer and dated 28 July 2014 (the Declaration). The Declaration stated that the Agreement was made on 24 July 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 August 2014. I note that the file has included a Statutory Declaration of Matthew Chesher made on behalf of the Media, Entertainment and Arts Alliance (MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 14 and a consultation term at clause 13.

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

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 August 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Australian Associated Press Pty Ltd, seeking approval of the Journalists (Australian Associated Press) Enterprise Agreement 2014. The application was heard in the Fair Work Commission, the industrial relations tribunal of Australia. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval, particularly whether it complied with the requirements of the Fair Work Act 2009. This involved ensuring the agreement was in the best interests of the employees and did not undermine the existing industrial protections.

The court was required to decide whether the enterprise agreement was in compliance with the Fair Work Act and if it was fair and reasonable. This required examining the agreement's provisions and the negotiation process, ensuring that the agreement was genuinely negotiated and not imposed. Additionally, the court assessed if the agreement provided for appropriate terms and conditions of employment, including pay, hours of work, and other employment-related matters. The court also needed to ensure that the agreement did not undermine the existing industrial protections and was in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The court determined that the agreement was genuinely negotiated between the employer and the employees, and it provided for fair and reasonable terms and conditions of employment. The court found that the agreement was in the best interests of the employees, as it provided for appropriate pay and conditions, and did not undermine existing industrial protections. The court approved the agreement, allowing it to become legally binding on the parties involved. The approval was granted based on the evidence provided, which demonstrated that the agreement was fair and reasonable and met the requirements of the Fair Work Act.

Australian Associated Press Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established