DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Media Publications Pty Limited; The Age Company Pty Limited
(AG2021/4481)

FAIRFAX MEDIA ADVERTISING PRODUCTION UNIT AND NEWSPAPER PRODUCTION ENTERPRISE AGREEMENT 2021

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 APRIL 2021

Application for approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2021.

[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 2021 (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 and The Age Company Pty Limited. The Agreement is a single enterprise agreement.

[2] The Form F16 Application contained an error in the second Applicant’s name. Pursuant to s.586 of the Act I exercise my discretion to amend the application to correct the name of the second Applicant to The Age Company Pty Limited.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 April 2021 and, in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairfax Media Publications Pty Limited and The Age Company Pty Limited sought approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2021 in the Fair Work Commission. The applicants argued that the agreement provided appropriate terms and conditions for the employees involved, including provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The application was contested by the Media, Entertainment and Arts Alliance, which raised concerns about several aspects of the agreement, including the classification of employees, pay rates, and the impact on job security.

The central legal issues before the commission were whether the agreement provided for the fair and reasonable terms of employment as required by the Fair Work Act 2009 and whether the agreement adequately protected the interests of the employees. The commission examined the arguments presented by both the applicants and the union, considering the evidence and submissions related to the classification of roles, pay rates, and the overall fairness of the agreement. The commission also assessed whether the agreement complied with the relevant legislative provisions and met the requirements for a Modern Award.

After evaluating the evidence and submissions, the commission found that the agreement provided for fair and reasonable terms of employment. The commission acknowledged the applicants' efforts to ensure that the agreement reflected the needs of both the employers and employees. The commission concluded that the agreement was appropriate and met the legislative requirements, including providing adequate protection for the employees' interests. Consequently, the commission approved the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2021.

The Fair Work Commission approved the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2021, effective from 1 July 2021. The commission's decision was based on its finding that the agreement provided for fair and reasonable terms of employment, in line with the requirements of the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions for the employees are adequately protected and that the agreement complies with relevant legislative provisions.

Fairfax Media Publications Pty Limited; The Age Company 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