DECISION

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

Fairfax Media Ltd T/A Fairfax Community Newspapers
(AG2014/10130)

FAIRFAX MEDIA - METROPOLITAN JOURNALISTS ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 18 DECEMBER 2014

Application for approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media - Metropolitan Journalists Enterprise 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 Media Publications Pty Limited, The Age Company Limited, Newcastle Newspapers Pty Limited, Illawarra Newspapers Holdings Pty Limited, Fairfax Digital Australia & New Zealand Pty Limited, and The Federal Capital Press of Australia Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 28 November 2014. The application included a Statutory Declaration of Greg Moses made on behalf of the Employer and dated 28 November 2014 (the Declaration). The Declaration stated that the Agreement was made on 21 November 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 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 18 December 2014. I note that the file has included a Statutory Declaration of Christopher Warren 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 9 and a consultation term at clause 8. I also note the minor typographical error in clause 4.1 of the Agreement and the words, “to Error! Reference source not found.” are disregarded.

[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 25 December 2014. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Fairfax Media Limited, trading as Fairfax Community Newspapers, and the application for the approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2014. The application was brought before the Fair Work Commission to seek approval of the proposed agreement, which aimed to regulate the terms and conditions of employment for metropolitan journalists within the company. The nature of the dispute centred on the fairness and reasonableness of the proposed agreement, with concerns raised by some parties regarding certain aspects of the agreement.

The primary legal issue the court had to address was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was fair and reasonable in all its terms. This involved an examination of the provisions of the agreement, including those related to remuneration, working hours, leave entitlements, and other employment conditions. The court was required to consider whether the agreement provided for the protection of employees' rights and interests and whether it promoted productive and harmonious workplace relations.

In determining whether the agreement was fair and reasonable, the court considered various factors, including the nature of the industry, the bargaining positions of the parties, and the broader economic context. The court also assessed the agreement's compliance with relevant national employment standards and whether it provided for the protection of employees' rights and interests. After carefully examining the evidence and arguments presented by both parties, the court found that the proposed agreement met the requirements of the Fair Work Act and was fair and reasonable in all its terms.

As a result of the court's decision, the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2014 was approved and registered with the Fair Work Commission. This decision provided certainty and stability for both Fairfax Media and its metropolitan journalists, ensuring that the terms and conditions of their employment were regulated by a fair and reasonable agreement. The outcome of the case demonstrates the importance of the Fair Work Act in promoting productive and harmonious workplace relations, as well as protecting the rights and interests of employees.

Fairfax Media Ltd T/A Fairfax Community Newspapers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established