DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Radio Federation Limited
(AG2019/2604)

THE COMMUNITY RADIO FEDERATION LIMITED AND MEDIA ENTERTAINMENT AND ARTS ALLIANCE BARGAINING AGREEMENT 2019-2021

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 AUGUST 2019

Application for approval of the Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2019-2021.

[1] Community Radio Federation Limited has applied for approval of a single enterprise agreement known as the Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Commission identified some irregularities in the original application materials and concerns about whether the pre-approval steps were met.

[3] The Applicant subsequently provided further information in support of the application and applied to amend the original application materials to correct the errors. The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, did not oppose. In the circumstances, I consider that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the amended application and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Media, Entertainment and Arts Alliance has given notice under s.183 of the Act that it supports the approval of and wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 August 2019 and, in accordance with s.54, will operate from 3 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Community Radio Federation Limited applied for approval of an enterprise bargaining agreement. The application was heard by the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which sought to regulate the employment conditions for staff within the community radio sector. The key legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for being a “genuine” enterprise agreement. The Commission had to examine the process through which the agreement was negotiated, the coverage of the agreement, and whether it contained only permissible provisions.

The Commission considered that the agreement had been negotiated in good faith and involved genuine attempts at conciliation and agreement. It found that the process was free from any procedural unfairness and that the agreement was not made under duress or coercion. The Commission also found that the terms of the agreement were not unfair and met the criteria for being a “genuine” enterprise agreement. The agreement was comprehensive, covering a broad range of employment conditions and was consistent with the provisions of the Fair Work Act. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

The Commission approved the Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2019-2021. The decision underscores the importance of fair and genuine negotiations in the formation of enterprise agreements. The Court’s approval of the agreement highlights the need for thorough consideration of the negotiation process and the content of the agreement in ensuring its compliance with the Fair Work Act. This case provides a useful precedent for future applications concerning the approval of enterprise agreements.

Community Radio Federation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established