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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Morning Mail Ltd is the subject of an application for approval of the Border Morning Mail Enterprise Agreement 2014, which was heard in the Fair Work Commission. The application was brought by the applicant, Border Morning Mail Ltd, to have the enterprise agreement approved under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for a safety net of minimum terms and conditions and facilitated flexibility in the workplace.

The legal issues that the court had to decide involved whether the enterprise agreement provided for a safety net of minimum terms and conditions as required by the Fair Work Act, and whether the agreement facilitated flexibility in the workplace as intended by the legislation. Specifically, the court had to consider whether the agreement provided for a minimum wage rate and other minimum terms and conditions, and whether it allowed for flexibility in the workplace, including in relation to working hours and the allocation of work.

The Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The court was satisfied that the agreement provided for a safety net of minimum terms and conditions, including a minimum wage rate and other minimum entitlements. The court also found that the agreement facilitated flexibility in the workplace, including in relation to working hours and the allocation of work. The court noted that the agreement allowed for flexibility in the workplace while also ensuring that employees were not disadvantaged. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission ordered that the Border Morning Mail Enterprise Agreement 2014 be approved as a registered agreement under section 175 of the Fair Work Act. The agreement was to be registered from the date of the commission's decision and would remain in effect until it was terminated or replaced by a new enterprise agreement. The decision provides clarity for employers and employees in relation to the terms and conditions of employment under the agreement.

Border Morning Mail Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established