DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Media Publications Pty Ltd; The Age Company Pty Ltd T/A The Age; Newcastle Newspapers Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited T/A Fairfax Media; Federal Capital Press of Australia Pty Ltd
(AG2016/5139)

FAIRFAX MEDIA - METROPOLITAN JOURNALISTS ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2016 (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 T/A The Age; Newcastle Newspapers Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited T/A Fairfax Media; Federal Capital Press of Australia Pty Ltd. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the respondents, a consortium of media entities including Fairfax Media Publications Pty Ltd and others, for the approval of the Fairfax Media - Metropolitan Journalists Enterprise Agreement 2016 (the Agreement). The applicants, including the Media, Entertainment & Arts Alliance, challenged the Agreement on various grounds, arguing that it did not comply with the Fair Work Act 2009. The Fair Work Commission heard the matter and had to determine whether the Agreement met the statutory requirements for approval under the Act. The court was tasked with examining whether the Agreement was in the best interests of the employees, whether it complied with the provisions of the Act, and whether it was fair and reasonable in all the circumstances.

The primary legal issues before the court were whether the Agreement provided adequate protections for employees and whether it was consistent with the principles of the Fair Work Act. The applicants argued that the Agreement did not sufficiently protect employees' conditions, particularly in relation to redundancy and the use of casual labour. They also contended that the Agreement failed to provide a fair and reasonable mechanism for resolving disputes. The respondents, on the other hand, argued that the Agreement was in the best interests of the employees and complied with all relevant statutory requirements. They emphasised that the Agreement provided for fair and reasonable terms and conditions of employment and that it was necessary to remain competitive in the media industry.

The Fair Work Commission found that while the Agreement contained some provisions that were not ideal, it was overall in the best interests of the employees. The Commission considered the economic context of the media industry, the need for flexibility, and the balance of rights and obligations between employers and employees. The court held that the Agreement provided sufficient protections for employees and was fair and reasonable, taking into account the overall benefits and the context in which it was negotiated. The Commission approved the Agreement, noting that while it had some shortcomings, it was not so deficient as to warrant refusal of approval. The court found that the Agreement met the statutory requirements and was in the best interests of the employees.

Fairfax Media Publications Pty Ltd; The Age Company Pty Ltd T/A The Age; Newcastle Newspapers Pty Ltd; Fairfax Digital Australia & New Zealand Pty Limited T/A Fairfax Media; Federal Capital Press of Australia 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