FAIRFAX COMMUNITY NEWSPAPERS PTY LIMITED Summary

[2014] FWCA 7500

FAIR WORK COMMISSION

DECISION

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

FAIRFAX COMMUNITY NEWSPAPERS PTY LIMITED
(AG2014/9282)

JOURNALISTS' (FAIRFAX COMMUNITY NEWSPAPERS NSW) COLLECTIVE AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 22 OCTOBER 2014

Application for approval of the Journalists' (Fairfax Community Newspapers NSW) Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ (Fairfax Community Newspapers NSW) Collective 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 Fairfax Community Newspapers Pty Limited and Regional Publishers Pty Limited (the Employers). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 3 October 2014. The application included a Statutory Declaration of Mark Dennis made on behalf of the Employers and dated 1 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 24 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration, and I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 22 October 2014. I note that the file has included a Statutory Declaration of Matthew Chesher made on behalf of the Media, Entertainment and Arts Alliance (MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 2.1 and a consultation term at clause 2.3.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 October 2014. The nominal expiry date of the Agreement as specified in clause 1.4 of the Agreement, is 30 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

Fairfax Community Newspapers Pty Limited sought approval of the Journalists' (Fairfax Community Newspapers NSW) Collective Agreement 2014 from the Fair Work Commission (FWC). The application was made under section 234 of the Fair Work Act 2009, seeking to have the agreement registered as a safety net agreement. The dispute arose from negotiations between the applicant and the union representing the journalists, the Media, Entertainment and Arts Alliance (MEAA).

The primary legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether the agreement provided for minimum terms and conditions of employment that were no less favourable than those set out in the applicable award or safety net award. The FWC also considered whether the agreement provided for the lawful and proper exercise of a right of freedom of association, and whether the agreement was consistent with the objects of the Fair Work Act.

In its decision, the FWC found that the agreement met the criteria for approval. The FWC noted that the agreement provided for terms and conditions that were no less favourable than those in the applicable award, and that it provided for the lawful and proper exercise of a right of freedom of association. The FWC also found that the agreement was consistent with the objects of the Fair Work Act, and was therefore eligible for registration as a safety net agreement. The FWC approved the application, and the agreement was registered as a safety net agreement.

The FWC made an order approving the application for registration of the Journalists' (Fairfax Community Newspapers NSW) Collective Agreement 2014 as a safety net agreement. The agreement was registered on the Register of Safety Net Agreements, and became effective from the date of registration. The decision provides guidance on the criteria for approval of collective agreements as safety net agreements, and the importance of ensuring that such agreements meet the requirements of the Fair Work Act.

FAIRFAX COMMUNITY NEWSPAPERS PTY LIMITED

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established