DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bauer Media Pty Ltd
(AG2015/6602)

NETWORK SERVICES DIVISION, BAUER MEDIA PTY LTD – VICTORIAN WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the Network Services Division, Bauer Media Pty Ltd – Victorian Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Network Services Division, Bauer Media Pty Ltd – Victorian Warehouse Enterprise 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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. 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.

[4] The National Union of Workers, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 November 2015 and, in accordance with s.54, will operate from 25 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bauer Media Pty Ltd applied to the Fair Work Commission for the approval of the Network Services Division, Bauer Media Pty Ltd – Victorian Warehouse Enterprise Agreement 2015. The applicant and the relevant union sought to have the agreement approved under section 234 of the Fair Work Act 2009. The union represented a significant portion of the workforce in the Network Services Division.

The legal issues before the Commission involved the proper application of the "better off overall test" as set out in section 235 of the Fair Work Act 2009. The applicant argued that the proposed agreement provided improved terms and conditions for the employees compared to the existing industrial instrument. The union supported the application, asserting that the agreement would benefit the employees in various ways, including through wage increases, enhanced leave provisions, and other improvements. The Commission needed to determine whether the agreement met the requirements of the better off overall test.

The Fair Work Commission held that the proposed agreement satisfied the better off overall test. The Commission considered the various terms and conditions in the agreement, including wage increases, leave provisions, and other benefits, and concluded that the overall package provided a net benefit to the employees. The Commission noted the evidence presented by both parties and assessed the overall impact of the proposed changes. As a result, the Commission approved the application and certified the agreement as meeting the requirements of the Fair Work Act 2009.

The Commission certified the Network Services Division, Bauer Media Pty Ltd – Victorian Warehouse Enterprise Agreement 2015 as meeting the requirements of the Fair Work Act 2009. The agreement was approved and will now apply to the relevant employees in the Network Services Division of Bauer Media Pty Ltd.

Bauer Media Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established