DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Media Publications & The Age Company Limited (Associated entities of Fairfax Media Limited)
(AG2016/6550)

FAIRFAX MEDIA ADVERTISING PRODUCTION UNIT AND NEWSPAPER PRODUCTION ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Advertising Production Unit and Newspaper Production 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 & The Age Company Limited (Associated entities of Fairfax Media 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. 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 applicants, Fairfax Media Publications and The Age Company Limited, sought approval of the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2016. The respondents, comprising various unions, opposed the approval of the agreement, citing concerns about its provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act, specifically focusing on whether the agreement complied with the procedural and substantive requirements for approval. Key issues included the negotiation process, the agreement's coverage, and its compliance with the "better off overall test" and "no disbenefit" test. The Commission needed to assess whether the agreement had been genuinely negotiated and if it provided fair and reasonable terms for employees.

The Commission concluded that the agreement had been genuinely negotiated, as evidenced by the extensive consultation and bargaining process between the parties. It found that the agreement covered a broad range of employees and provided for terms and conditions that were fair and reasonable. The "better off overall test" was met, as the majority of employees would be better off with the new agreement compared to their previous terms. Additionally, the "no disbenefit" test was satisfied, as no employee would experience a detriment under the new agreement. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Fairfax Media Advertising Production Unit and Newspaper Production Enterprise Agreement 2016, finding it met the necessary criteria under the Fair Work Act. The agreement was deemed to have been genuinely negotiated, covered the appropriate employee groups, and provided fair and reasonable terms. This decision ensures that the new agreement will be implemented, offering updated terms and conditions to the employees involved.

Fairfax Media Publications & The Age Company Limited (Associated entities of Fairfax Media Limited)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established