DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Radio Federation LTD
(AG2016/6459)

THE COMMUNITY RADIO FEDERATION LIMITED BARGAINING AGREEMENT 2016-2018

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2016

Application for approval of The Community Radio Federation Limited Bargaining Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Community Radio Federation Limited Bargaining Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Radio Federation LTD. 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 was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Community Radio Federation Limited sought approval of a proposed bargaining agreement with its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards. The central legal issue before the commission was whether the proposed bargaining agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and substantive provisions.

The commission began its analysis by examining the procedural fairness of the agreement. It considered whether the process leading to the agreement was transparent and whether the employees had adequate opportunity to participate in and influence the negotiation process. The commission found that the process was generally fair, as there were multiple meetings and discussions between the parties, and employees were given reasonable notice and opportunity to provide input. The commission also assessed the substantive provisions of the agreement, including the terms and conditions of employment, to ensure they met the standards of the Fair Work Act. The commission found that while some provisions could be improved, they did not significantly detract from the overall fairness of the agreement.

After thorough consideration of both procedural and substantive aspects, the commission determined that the proposed bargaining agreement was generally fair and met the necessary legal standards. The commission approved the agreement, subject to certain conditions designed to address minor deficiencies identified during the review. The commission's decision emphasised the importance of continued dialogue and cooperation between the parties to ensure the agreement's effective implementation.

Community Radio Federation LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established