Fairfax Media Limited

[2013] FWCA 356

FAIR WORK COMMISSION

DECISION

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

Fairfax Media Limited
(AG2012/13122)

THE COURIER EDITORIAL ENTERPRISE AGREEMENT 2012

Journalism
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of The Courier Editorial Enterpise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Courier Editorial Enterpise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Media, Entertainment and Arts Alliance (MEAA), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 22 January 2013. The nominal expiry date of the Agreement is 20 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fairfax Media Limited sought approval of the Courier Editorial Enterprise Agreement 2012. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about the agreement's terms, particularly those relating to the definition of casual employment. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the definition of casual employment in the agreement was consistent with the Fair Work Act 2009. The respondents argued that the agreement's definition of casual employment was too broad and did not align with the Act's requirements. The applicants contended that the definition was appropriate and necessary to ensure the newspaper's operational efficiency.

The Commission examined the definition of casual employment and considered the principles of fairness and reasonableness as outlined in the Fair Work Act. The Commission found that the definition of casual employment in the agreement was consistent with the Act's requirements and did not contravene the principles of fairness and reasonableness. The Commission approved the agreement, concluding that it met the necessary criteria.

The Commission's decision approved the Courier Editorial Enterprise Agreement 2012, including the definition of casual employment. The respondents' concerns about the agreement's terms were not upheld, and the agreement was deemed fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established