Border Morning Mail Ltd

[2015] FWCA 1469

[2015] FWCA 1469

FAIR WORK COMMISSION

DECISION

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

Border Morning Mail Ltd
(AG2015/1835)

BORDER MORNING MAIL ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 5 MARCH 2015

Application for approval of the Border Morning Mail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Border Morning Mail Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Border Morning Mail Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 February 2015. The application included a Statutory Declaration of Janine Buesnel made on behalf of the Employer and dated 6 February 2015, (the Declaration). The Declaration stated that the Agreement was made on 30 January 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 5 March 2015. I note that the file has included a Statutory Declaration of Carolyn Dunbar made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Tony Piccolo made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Rudi Oppitz made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 42 and a consultation term at clause 40.

[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, the AMWU and the ASU, each being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA, the AMWU and the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 March 2015. The nominal expiry date of the Agreement as specified in clause 5.2 of the Agreement, is 31 December 2017.

COMMISSIONER

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