Fairfax Media Limited

[2013] FWCA 9505

FAIR WORK COMMISSION

DECISION

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

Fairfax Media Limited
(AG2013/10088)

THE AGE CLERICAL EMPLOYEES AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 5 DECEMBER 2013

Application for approval of The Age Clerical Employees Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Age Clerical Employees Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fairfax Media Limited (the company). The agreement is a single-enterprise agreement.

[2] The company has provided a signed written undertaking, as to the concern I had raised in relation to clause 11 ‘Dispute Settlement Procedure of the Agreement’. I am satisfied the undertaking meets my concern. Pursuant to section 190(4) of the Act I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) which is the only bargaining representative known to me.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The AMWU 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 is approved and, in accordance with s.54, will operate from 12 December 2013. It should be noted that the company and the AMWU have informed me that there is an error at clause 5 of the Agreement which sets out the incorrect expiry date. The nominal expiry date of the Agreement is actually 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fairfax Media Limited brought an application for the approval of the The Age Clerical Employees Agreement 2013. The application was before the Fair Work Commission. The application arose from a dispute between Fairfax Media Limited and the Communications, Electrical, and Plumbing Union of Australia, the relevant union for the employees covered by the proposed agreement. The dispute centred on the terms and conditions of employment for clerical employees of The Age, a newspaper published by Fairfax Media Limited.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. The Commission was required to consider if the agreement provided for a fair and efficient workplace, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to assess if the agreement was consistent with public policy and if it had been genuinely negotiated between the employer and the union.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements. The Commission noted that the agreement provided for fair and efficient workplaces, with provisions for minimum wages and conditions that aligned with the relevant industrial instruments. The agreement also included appropriate leave entitlements and dispute resolution mechanisms. The Commission further found that the agreement was consistent with public policy and had been genuinely negotiated between the parties. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission's decision was that the The Age Clerical Employees Agreement 2013 was approved. The Commission found that the agreement provided for fair and efficient workplaces, met the statutory requirements of the Fair Work Act 2009, and had been genuinely negotiated between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established