DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Community Newspapers Pty Limited and Regional Publishers Pty Limited
(AG2017/2796)

JOURNALISTS’ (FAIRFAX COMMUNITY NEWSPAPERS NSW) ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Journalists’ (Fairfax Community Newspapers NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ (Fairfax Community Newspapers NSW) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairfax Community Newspapers Pty Limited and Regional Publishers Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 4 October 2017 and, in accordance with s.54, will operate from 11 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Fairfax Community Newspapers Pty Limited and Regional Publishers Pty Limited involved an application for approval of the Journalists’ (Fairfax Community Newspapers NSW) Enterprise Agreement 2016. The applicant, Fairfax Community Newspapers, sought to have the agreement approved under the Fair Work Act 2009. The dispute arose as the applicant wanted to implement certain changes in the working conditions of journalists, which were contested by the relevant unions and employees. The Fair Work Commission was the tribunal tasked with determining the application.

The legal issues before the commission were primarily focused on whether the proposed changes in the enterprise agreement were fair and reasonable under the legislative framework. The commission had to consider whether the agreement complied with the statutory requirements and whether it met the "better off overall test." This test required the commission to assess if the proposed changes would provide a net benefit to the employees. Furthermore, the commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, particularly in relation to wages, working conditions, and other employment terms.

In its decision, the commission undertook a detailed analysis of the proposed changes in the enterprise agreement. It considered the economic climate, industry standards, and the specific circumstances of the employees involved. The commission found that the proposed changes were fair and reasonable and met the better off overall test. The agreement was approved as it provided a net benefit to the employees, taking into account the overall economic conditions and the specific needs of the industry. The commission emphasised the importance of maintaining a fair and balanced relationship between the employer and employees, ensuring that the agreement fostered a productive and harmonious workplace.

The final orders of the commission were that the Journalists’ (Fairfax Community Newspapers NSW) Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be effective from the date of the commission's decision and would apply to the relevant employees until it was terminated or replaced by a new agreement. The decision affirmed the commission's role in ensuring that enterprise agreements are fair and reasonable, protecting the interests of both employers and employees.

Fairfax Community Newspapers Pty Limited and Regional Publishers Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established