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

[2022] FWCA 3805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4394)

The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times and WAtoday - Journalists Enterprise Agreement 2022

Journalism
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2022

Application for approval of The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times and WAtoday - Journalists Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times and WAtoday - Journalists Enterprise Agreement 2022 (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.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by several media entities, including Fairfax Media Publications, The Age Company, and Fairfax Digital Australia & New Zealand, for the approval of their proposed journalists' enterprise agreement. The agreement, which was set to cover The Australian Financial Review, The Sydney Morning Herald, The Age, Brisbane Times, and WAtoday, was subject to approval by the Fair Work Commission. The applicants sought to formalise terms and conditions that would govern the employment of journalists within these publications, aiming to ensure a balanced agreement that reflected the interests of both the employers and the employees.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections concerning the protection of employees' rights and the prevention of unfair dismissal. The court needed to assess whether the agreement appropriately balanced the rights of the employers to manage their businesses with the protections afforded to employees under the Act. Additionally, the court examined whether the agreement provided fair terms and conditions for the employees, including aspects such as minimum wages, hours of work, leave entitlements, and other employment-related matters.

In delivering the judgment, the court found that the proposed enterprise agreement met the requirements set out in the Fair Work Act. The agreement was deemed to provide adequate protections for employees, ensuring they were not disadvantaged in their employment terms. The court was satisfied that the agreement struck an appropriate balance between the rights and interests of both the employers and the employees. Consequently, the court approved the journalists' enterprise agreement, confirming its compliance with the statutory requirements.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision effectively formalised the terms and conditions of employment for journalists within the specified media entities, providing a legal framework that would govern their working arrangements moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established