DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Essential Media Communications
(AG2015/2186)

ESSENTIAL MEDIA COMMUNICATIONS AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 31 MARCH 2015

Application for approval of the Essential Media Communications Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Essential Media Communications Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Essential Media Communications. The Agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Media, Entertainment and Arts Alliance 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 is approved and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essential Media Communications Pty Ltd applied for the approval of the Essential Media Communications Agreement 2014, which had been reached between the company and the Communications Workers Union. The dispute involved a proposed enterprise agreement that aimed to regulate various aspects of employment, including wages, hours of work, and other terms and conditions. The matter was brought before the Fair Work Commission, which was the designated authority to assess and approve such agreements under Australian labour law.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement was in the public interest and whether it complied with the procedural requirements set out in the Act. This included an assessment of whether the agreement contained the mandated minimum terms and conditions as stipulated by the Fair Work Act, and whether the process leading to the agreement's formation was fair and appropriate.

In making its decision, the Commission examined the specific provisions of the agreement and the process by which it was negotiated. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and contained all the mandated minimum terms. Additionally, the Commission found that the process for reaching the agreement was fair and appropriate, with adequate consultation and negotiation between the parties. Consequently, the Commission determined that the agreement was in the public interest and approved the Essential Media Communications Agreement 2014.

The Fair Work Commission approved the Essential Media Communications Agreement 2014, finding it to be compliant with the Fair Work Act and in the public interest. The approval allowed the agreement to be registered and enforceable, ensuring that the terms and conditions it contained would govern the employment relationship between the parties moving forward. This decision underscores the importance of the Commission's role in facilitating fair and balanced agreements that benefit both employers and employees while also serving the broader public interest.

Essential Media Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established