Fairfax Media Publications Pty Limited

[2013] FWCA 8896

FAIR WORK COMMISSION

DECISION

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

Fairfax Media Publications Pty Limited
(AG2013/9998)

FAIRFAX MEDIA ADVERTISING PRODUCTION UNIT AND NEWSPAPER PRODUCTION ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 14 NOVEMBER 2013

Application for approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2013 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 6 November 2013. The application has subsequently included a Statutory Declaration of Joanne Motley made on behalf of the Employer and dated 12 November 2013 (the Declaration). The Declaration stated that the Agreement was made on 23 October 2013. 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 14 November 2013. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 5.1 and a consultation term at clause 4.1.

[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 AMWU, 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 AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 November 2013. The nominal expiry date of the Agreement as specified in clause 1.6.1 of the Agreement, is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fairfax Media Publications Pty Limited, the Fair Work Commission was presented with an application for the approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2013. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a modern award. The primary parties involved in this dispute were Fairfax Media Publications Pty Limited, the employer, and the Media, Entertainment and Arts Alliance (MEAA), the union representing the employees. The nature of the dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act and the principles of good faith bargaining and fairness.

The legal issues before the Commission included the examination of the agreement's provisions to determine whether they met the standards of a modern award. Specifically, the Commission needed to assess whether the agreement provided for a safety net of minimum wages and conditions, protected employees' rights to free bargaining, and aligned with the broader objectives of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was the product of genuine negotiations between the parties and whether it was fair and reasonable in all its aspects.

In rendering its decision, the Fair Work Commission evaluated the agreement's provisions against the statutory requirements and principles of industrial law. The Commission found that the agreement provided a comprehensive safety net that covered minimum wages, penalty rates, and other essential conditions of employment. The Commission also determined that the agreement had been the result of genuine negotiations between the parties and that it was fair and reasonable. The Commission concluded that the agreement met the criteria for approval and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement as a modern award.

The final orders of the Commission were to approve the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2013 as a modern award. The approval was contingent upon certain conditions, including the maintenance of the agreement's provisions and the parties' adherence to the principles of good faith bargaining and fairness in the future. This decision provided a framework for the employment conditions of the affected employees and set a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established