Bauer Media Pty Ltd T/A Bauer Media Group

[2018] FWCA 48

[2018] FWCA 48

FAIR WORK COMMISSION

DECISION

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

Bauer Media Pty Ltd T/A Bauer Media Group
(AG2017/4616)

JOURNALISTS (BAUER MEDIA) AGREEMENT 2017

Journalism
DEPUTY PRESIDENT SAMS	SYDNEY, 3 JANUARY 2018

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Bauer Media Pty Ltd t/a Bauer Media Group (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Journalists (Bauer Media) Agreement 2017 (the ‘Agreement’). The Agreement was negotiated with the Media, Entertainment & Arts Alliance (the ‘Union’) and is to cover 337 employees who are engaged in editorial duties for the Company (save for those employees who are excluded in clause 5 of the Agreement). For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 21 December 2016, and voting for the Agreement’s approval took place on 19 December 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 109 of the 114 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 3 October 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms H Wolpert, People and Culture Manager identified the Journalists Published Media Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Wolpertsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instrument, including enhanced redundancy entitlements, significantly higher rates of pay (of between 5% to 31%) and more generous annual leave entitlements. Ms Wolpert said the Agreement contains some terms which are less beneficial than the reference instrument, including a slightly lower minimum engagement for part time employees and no minimum engagement for full time employees, and a lower casual loading. Rates of pay are to be increased by 2% on commencement of the Agreement (backdated to 1 April 2017), 1.75% on the first full pay period on or after 1 January 2018, and a further 1.5% on the first full pay period on or after 1 January 2019. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 9 respectively, and a disputes resolution procedure at clause 8 provides for conciliation by the Commission.

[4] At a hearing of the application on 22 December 2017, Mr G Jolly, Solicitor appeared for the applicant with Mr O Pase, Solicitorand Mr A Martino for the Union with Mr A D’Adam. Mr Jolly outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Journalists (Bauer Media) Agreement 2017.Pursuant to s 54 of the Act, the Agreement shall operate from 29 December 2017 and have a nominal expiry date of 31 December 2019.

DEPUTY PRESIDENT

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