DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Media Publications Pty Limited
(AG2018/5836)

FAIRFAX MEDIA PUBLICATIONS INFORMATION SERVICES (SYDNEY) ENTERPRISE AGREEMENT 2018

Journalism
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

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

[3] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 29.5.2 – Carer’s leave notice required

However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Fairfax Media Publications Pty Limited for the approval of the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2018. The applicant sought the Commission's endorsement of the proposed agreement, which aimed to govern the employment terms and conditions for a specified group of employees. The opposition to the approval came from certain employee representatives who raised concerns about specific provisions within the agreement.

The central legal issues revolved around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included determining if the agreement was made in good faith and without coercion, if it contained terms that provided for a fair and efficient workplace, and whether it complied with the procedural requirements for such agreements. Additionally, the court had to consider the implications of the agreement on the employees' rights and entitlements, ensuring it did not unfavourably impact their conditions.

In examining these issues, the Commission reviewed the negotiation process and the content of the agreement. It was noted that the agreement had been negotiated in good faith, and there was no evidence of coercion. The Commission also assessed the fairness of the terms, finding that they were reasonable and provided for an efficient workplace. The procedural requirements were met, and the agreement was found to comply with all legislative provisions. Consequently, the Commission approved the application, endorsing the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2018 as meeting the statutory criteria for approval.

The Fair Work Commission approved the application for the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2018. This decision was based on the evidence presented, confirming that the agreement was negotiated in good faith, met all legal requirements, and provided for fair and efficient workplace conditions. The Commission's approval was issued under the Fair Work Act 2009, and the agreement is now legally binding on the parties involved.

Fairfax Media Publications Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established