DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Media Publications Pty Ltd; The Age Company Pty Ltd; Newcastle Newspapers Pty Ltd; Illawarra Newspapers Holdings Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited; The Federal Capital Press of Australia Pty Limited
(AG2018/5769)

FAIRFAX MEDIA - METROPOLITAN JOURNALISTS ENTERPRISE AGREEMENT 2018

Journalism
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2018 (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 Age Company Pty Ltd; Newcastle Newspapers Pty Ltd; Illawarra Newspapers Holdings Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited and The Federal Capital Press of Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] 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.

[4] The Agreement was approved on 14 February 2019 and, in accordance with s.54, will operate from 21 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by several entities associated with Fairfax Media for the approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission, a tribunal responsible for the resolution of workplace disputes in Australia. The application sought approval of the proposed enterprise agreement, which would establish the terms and conditions of employment for journalists employed by the applicant companies.

The legal issues the court needed to address included whether the agreement had been negotiated in good faith, whether it complied with the requirements of the Fair Work Act 2009, and whether it was likely to lead to improved productivity and industrial harmony. The court also had to consider whether the agreement met the better-off-overall test, ensuring that employees were not worse off under the new agreement than they would have been under their previous conditions of employment.

In its decision, the Fair Work Commission found that the application for approval of the enterprise agreement met all the necessary legal criteria. The court concluded that the agreement had been negotiated in good faith and complied with the relevant statutory requirements. The commission also determined that the agreement would likely lead to improved productivity and industrial harmony, and that it satisfied the better-off-overall test. Consequently, the Fair Work Commission approved the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2018, providing a new framework for the employment conditions of journalists in the applicant companies.

Fairfax Media Publications Pty Ltd; The Age Company Pty Ltd; Newcastle Newspapers Pty Ltd; Illawarra Newspapers Holdings Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited; The Federal Capital Press of...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established