Community Newspaper Group Limited

Case [2021] FWCA 521


[2021] FWCA 521
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Community Newspaper Group Limited
(AG2020/4080)

COMMUNITY NEWSPAPER GROUP LIMITED EDITORIAL ENTERPRISE AGREEMENT 2020

Journalism

DEPUTY PRESIDENT BEAUMONT

PERTH, 3 FEBRUARY 2021

Application for approval of the Community Newspaper Group Limited Editorial Enterprise Agreement 2020.

[1] Community Newspaper Group Limited has made an application for the approval of an enterprise agreement known as the Community Newspaper Group Limited Editorial Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Media, Entertainment and Arts Alliance (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 3 February 2021 and, in accordance with s 54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 3 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510282  PR726616>

Annexure A

Details
AGLC
Community Newspaper Group Limited [2021] FWCA 521
Case
[2021] FWCA 521
Decision Date

CaseChat Overview and Summary

Community Newspaper Group Limited applied for approval of its 2020 editorial enterprise agreement. The application was heard by the Fair Work Commission, which had to determine whether the agreement was in the interests of the employees covered by the agreement. The legal issues before the Commission were whether the agreement provided for appropriate terms and conditions for employees, including reasonable pay and conditions, and whether it complied with relevant laws and regulations.

The Commission found that the agreement provided for appropriate terms and conditions for employees, including reasonable pay and conditions, and that it complied with relevant laws and regulations. The agreement provided for a range of benefits for employees, including paid parental leave, flexible working arrangements, and opportunities for professional development. The Commission also found that the agreement was in the interests of the employees covered by the agreement, as it provided for fair and reasonable terms and conditions of employment.

The Commission approved the Community Newspaper Group Limited Editorial Enterprise Agreement 2020. The approval ensures that employees covered by the agreement will receive fair and reasonable terms and conditions of employment, and that the agreement complies with relevant laws and regulations. The approval also provides certainty and stability for both the employer and employees, as it sets out the terms and conditions of employment for a fixed period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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