Bauer Media Limited

[2014] FWCA 155

FAIR WORK COMMISSION

DECISION

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

Bauer Media Limited
(AG2013/12778)

NETWORK SERVICES DIVISION, BAUER MEDIA LTD - NEW SOUTH WALES WAREHOUSE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 7 JANUARY 2014

Application for approval of the Network Services Division, Bauer Media Ltd - New South Wales Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Network Services Division, Bauer Media Ltd - New South Wales Warehouse Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bauer Media Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Bauer Media Limited sought approval of the Network Services Division, Bauer Media Ltd - New South Wales Warehouse Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for the employees in the network services division of Bauer Media, with the primary focus on the wages, hours, and other employment terms stipulated within the proposed agreement.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights. Additionally, the Commission had to assess whether the proposed changes to employment conditions were fair and reasonable, and whether the agreement provided adequate protections for employees' wages and working conditions.

The Fair Work Commission examined the evidence presented by both parties and assessed the agreement against the relevant statutory criteria. The Commission found that the agreement was procedurally sound and provided fair and reasonable terms for the employees. It was determined that the proposed changes to employment conditions were in line with industry standards and did not undermine the employees' rights. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees within the network services division of Bauer Media.

The final orders of the Commission were that the Network Services Division, Bauer Media Ltd - New South Wales Warehouse Enterprise Agreement 2013 was approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees in the network services division of Bauer Media until the next agreed-upon review date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established