Fairfax Media Publications Pty Limited, The Age Company Pty Limited, Fairfax Digital Australia & New Zealand Pty Limited

[2024] FWCA 3429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fairfax Media Publications Pty Limited, The Age Company Pty Limited, Fairfax Digital Australia & New Zealand Pty Limited

(AG2024/3202)

AUSTRALIAN FINANCIAL REVIEW, THE SYDNEY MORNING HERALD, THE AGE, BRISBANE TIMES AND WATODAY - JOURNALISTS ENTERPRISE AGREEMENT 2024

Journalism
COMMISSIONER WILSON	MELBOURNE, 1 OCTOBER 2024

Application for approval of The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times and WAtoday - Journalists Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times and WAtoday - Journalists Enterprise Agreement 2024 (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 Pty Limited, Fairfax Digital Australia & New Zealand Pty Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 February 2024 and the Agreement was made on 16 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
The Media, Entertainment & 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, comprising Fairfax Media Publications Pty Limited, The Age Company Pty Limited, and Fairfax Digital Australia & New Zealand Pty Limited, sought the court's approval for the proposed Journalists Enterprise Agreement 2024. The agreement in question involves the employees of The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times, and WAtoday. The application was heard by the Fair Work Commission, which was required to determine whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the proposed agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, and if it provided for fair and reasonable terms and conditions of employment. Specifically, the court had to examine the procedural fairness of the bargaining process, the content of the agreement, and its compliance with the statutory minimum standards. The applicants argued that the agreement was the result of good faith bargaining and met all legislative requirements.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable and complied with the relevant statutory requirements. The court was satisfied with the evidence presented regarding the good faith bargaining process and the comprehensive consultation with employee representatives. The court also found that the agreement provided for terms and conditions that met or exceeded the statutory minimum standards. Consequently, the Commission approved the proposed Journalists Enterprise Agreement 2024, effective from the date specified in the agreement.

The final orders of the court mandated that the agreement be registered and enforceable, with the specified effective date. The applicants were directed to provide the necessary documentation to the Fair Work Commission for registration. The employees covered by the agreement were to be informed of its approval and the effective date. The court's decision was based on the thorough examination of the bargaining process, the content of the agreement, and its compliance with the Fair Work Act and the Fair Work Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established