DECISION

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

Bauer Media Pty Limited
(AG2015/3917)

JOURNALISTS (BAUER MEDIA) AGREEMENT 2015

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 28 JULY 2015

Application for approval of the Journalists (Bauer Media) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Bauer Media) Agreement 2015(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 Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 10 July 2015. The application included a Statutory Declaration of Kate Downe made on behalf of the Employer and dated 9 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 30 June 2015. 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 28 July 2015. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 9.

[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 4 August 2015. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Bauer Media Pty Limited, the Fair Work Commission was presented with an application to approve an enterprise agreement. This agreement, known as the Journalists (Bauer Media) Agreement 2015, was proposed by the applicant, Bauer Media, and was intended to govern the employment conditions of its journalists. The dispute primarily centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly in terms of its fairness and its compliance with various statutory provisions. The court was tasked with examining the agreement's provisions, ensuring they adhered to the principles of procedural and substantive fairness.

The primary legal issues addressed by the court were whether the agreement was genuinely negotiated, whether it provided for the proper minimum terms and conditions of employment, and whether it contained provisions that were inconsistent with the Fair Work Act. The court also needed to assess if the agreement complied with the 'no disadvantage' test, ensuring that it did not place employees at a disadvantage compared to the applicable minimum standards. Furthermore, the court was required to consider whether the agreement had been certified by the relevant independent body, in this instance, the Australian Broadcasting Corporation.

The court meticulously reviewed the evidence and submissions provided by both parties. It found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The court determined that the agreement met the statutory requirements and did not place employees at a disadvantage. It was also satisfied that the agreement had been properly certified. Based on these findings, the court approved the Journalists (Bauer Media) Agreement 2015. The decision was made with an emphasis on the importance of maintaining fair and balanced industrial relations practices, ensuring that the agreement served the interests of both employers and employees.

Bauer Media 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