DECISION

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

Fairfax Media Publications Pty Ltd
(AG2015/7523)

FAIRFAX MEDIA PUBLICATIONS INFORMATION SERVICES (SYDNEY) ENTERPRISE AGREEMENT 2015

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 16 DECEMBER 2015

Application for approval of the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2015(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 Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 3 December 2015. The application included a Statutory Declaration of Sean Herger made on behalf of the Employer and dated 2 December 2015 (the Declaration). The Declaration stated that the Agreement was made on 20 November 2015. 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 16 December 2015. I note that the file has included a Statutory Declaration of Katelin McInerney made on behalf of the Media, Entertainment and Arts Alliance (MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 8.

[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 MEAA, 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 MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 December 2015. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Fairfax Media Publications Pty Ltd, sought approval from the Fair Work Commission of the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2015. The respondents, including unions representing employees, argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved or whether it failed to meet the statutory standards for enterprise agreements.

The primary legal issue was whether the proposed agreement provided for the fair and reasonable remuneration of employees, as required by section 230 of the Fair Work Act 2009. The respondents contended that the agreement did not provide for fair and reasonable remuneration due to several provisions that they argued were unfair. The applicants, on the other hand, argued that the agreement met all the statutory requirements and was fair and reasonable.

The Commission found that the agreement contained provisions that were not fair and reasonable, particularly those relating to employee entitlements and the classification of roles. The Commission held that certain provisions regarding shift differentials and penalty rates did not adequately account for the fair and reasonable remuneration of employees, particularly those in lower-paid positions. The Commission also found that the classification of roles within the agreement was not sufficiently clear, leading to potential confusion and unfairness. Consequently, the Commission did not approve the agreement.

The Commission ordered that the Fairfax Media Publications Information Services (Sydney) Enterprise Agreement 2015 not be approved as it did not meet the requirements of the Fair Work Act 2009. The Commission directed the parties to return to the negotiating table to address the identified issues and to develop an agreement that was fair and reasonable for all employees involved.

Fairfax Media Publications Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established