Country Press Australia Incorporated Summary

[2014] FWCA 6895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Country Press Australia Incorporated
(AG2014/7497)

JOURNALISTS’ COUNTRY NON-DAILY NEWSPAPERS (CPA) AGREEMENT 2014

Journalism
COMMISSIONER CRIBB	MELBOURNE, 1 OCTOBER 2014

Application for approval of the Journalists’ Country Non-Daily Newspapers (CPA) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ Country Non-Daily Newspapers (CPA) 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 Country Press Australia Incorporated. The agreement is a multi-enterprise agreement.

[2] 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.

[3] The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 October 2014 and, in accordance with s.54 of the Act, will operate from 8 October 2014. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Country Press Australia Incorporated applied to the Fair Work Commission for approval of the Journalists’ Country Non-Daily Newspapers (CPA) Agreement 2014. The Australian Journalists’ Association opposed the application. The applicants sought approval of the agreement under section 233 of the Fair Work Act 2009 on the basis that it was in the public interest to do so. The applicants submitted that the agreement would provide for a more flexible and productive workplace, facilitate the digital transition of the industry, and promote the development of skills and competencies. The objectors submitted that the agreement would reduce pay and conditions for journalists, and was not in the public interest.

The commission found that the agreement did not accord with the objectives of the Act. The commission noted that the agreement provided for lower rates of pay and penalties for journalists. The commission also noted that the agreement would reduce the scope for penalty rates, including for weekend work. The commission found that the agreement did not promote the development of skills and competencies, but instead relied on journalists being multi-skilled, which the commission found to be unreasonable. The commission found that the agreement would not facilitate the digital transition of the industry, but rather would undermine the role of the journalist in the digital space.

The commission refused to approve the agreement. The commission noted that the agreement would reduce pay and conditions for journalists, and would not promote the development of skills and competencies or facilitate the digital transition of the industry. The commission found that the agreement was not in the public interest, and was not in accordance with the objectives of the Act.

The commission ordered that the application be dismissed.

Country Press Australia Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established