DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Regional Media (Tasmania) Pty Limited
(AG2018/6125)

FAIRFAX TASMANIA EDITORIAL ENTERPRISE AGREEMENT 2018

Journalism
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2019

Application for approval of the Fairfax Tasmania Editorial Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Tasmania Editorial 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 Regional Media (Tasmania) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Fairfax Tasmania Editorial Enterprise Agreement 2018. The applicant, Fairfax Regional Media (Tasmania) Pty Limited, sought the court's approval for the agreement, which was entered into between the company and its editorial employees. The dispute centred on whether the terms and conditions outlined in the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to address included whether the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The court also needed to determine if the agreement was likely to achieve a better outcome for the employees in terms of wages and conditions compared to the applicable awards.

The Fair Work Commission concluded that the agreement had been made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The commission found that the agreement had been negotiated in a manner that was fair and reasonable and that it provided for better outcomes for the employees, including improved wages and conditions. The court also determined that the procedural requirements had been met, and therefore, the agreement was approved for registration. Consequently, the Fairfax Tasmania Editorial Enterprise Agreement 2018 was registered, making it legally binding between the parties.

No further orders were made beyond the approval of the enterprise agreement. The court's decision effectively formalised the terms and conditions set out in the agreement, ensuring that both the employer and the employees were bound by the new enterprise agreement.

Fairfax Regional Media (Tasmania) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established