Elliott Newspaper Group Pty Ltd T/A Eng Media Group

[2024] FWCA 4602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elliott Newspaper Group Pty Ltd T/A Eng Media Group

(AG2024/4777)

ENG MEDIA EDITORIAL ENTERPRISE AGREEMENT 2023

Publishing industry
COMMISSIONER MIRABELLA	MELBOURNE, 19 DECEMBER 2024

Application for approval of the ENG Media Editorial Enterprise Agreement 2023

Elliott Newspaper Group Pty Ltd T/A ENG Media Group (the Employer) has made an application for approval of an enterprise agreement known as the ENG Media Editorial Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 10 July 2023 and the Agreement was made on 22 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

Pursuant to s 205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Journalists Published Media Award 2020 is taken to be a term of the Agreement.

The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement was approved on 19 December 2024 and, in accordance with s.54, will operate from 26 December 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Elliott Newspaper Group Pty Ltd trading as Eng Media Group, the Australian Industrial Relations Commission considered an application for the approval of the ENG Media Editorial Enterprise Agreement 2023. The applicant, Eng Media Group, sought the Commission's approval of the proposed agreement, which would govern the terms and conditions of employment for editorial employees within the company. The primary dispute centred on whether the agreement met the legal standards and requirements set out in the Fair Work Act 2009, including fairness, flexibility, and the avoidance of unnecessary complexity.

The legal issues before the Commission included whether the proposed agreement was appropriately negotiated and if it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission examined whether the agreement sufficiently met the requirements of the Fair Work Act 2009, including the provision of minimum entitlements, flexibility in workplace arrangements, and the avoidance of unnecessary complexity. The Commission also considered the fairness of the proposed agreement to both the employer and the employees, as well as whether it facilitated a productive workplace.

The Australian Industrial Relations Commission determined that the ENG Media Editorial Enterprise Agreement 2023 met the legal requirements for approval. The Commission found that the agreement had been appropriately negotiated and provided fair and reasonable terms and conditions for the employees. Furthermore, the agreement met the requirements of the Fair Work Act 2009, including the provision of minimum entitlements, flexibility in workplace arrangements, and the avoidance of unnecessary complexity. The Commission also concluded that the proposed agreement was fair to both the employer and the employees and facilitated a productive workplace.

As a result of the Commission's findings, the ENG Media Editorial Enterprise Agreement 2023 was approved, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for editorial employees within the Eng Media Group, ensuring a fair and productive workplace for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established