Fairfax Media Limited

[2013] FWCA 9505

[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

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