DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Publishing Pty Ltd T/A Bendigo Weekly
(AG2017/5070)

BENDIGO WEEKLY ENTERPRISE AGREEMENT 2017

Journalism
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the Bendigo Weekly Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Weekly Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bendigo Publishing Pty Ltd T/A Bendigo Weekly. 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.

[4] The Media, Entertainment and Arts Alliance 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 is approved and, in accordance with s.54 of the Act, will operate from 1 March 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bendigo Publishing Pty Ltd, trading as Bendigo Weekly, sought approval of the Bendigo Weekly Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, with the dispute involving the terms and conditions of employment for certain employees of the company.

The primary legal issue before the Commission was whether the agreement met the criteria for registration under the Act, including whether it provided for fair and reasonable terms and conditions and whether it was made in good faith. The Commission also needed to consider if the agreement had been properly negotiated and if it complied with the various provisions of the Act, including those related to minimum wages, leave entitlements, and other employment standards.

In determining the application, the Commission considered submissions from both the employer and the employees' representative, the Australian Journalists' Association. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the industry and the bargaining power of the parties. The Commission also found that the agreement had been made in good faith and that it complied with the various requirements of the Act. Accordingly, the Commission approved the Bendigo Weekly Enterprise Agreement 2017, and it was registered with the Fair Work Commission.

The Fair Work Commission approved the Bendigo Weekly Enterprise Agreement 2017, and it was registered with the Commission under section 231 of the Fair Work Act 2009. The terms and conditions of the agreement are now legally binding on the employer and the employees covered by the agreement.

Bendigo Publishing Pty Ltd T/A Bendigo Weekly

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established