DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Regional Media (Tasmania) Pty Ltd T/A The Examiner
(AG2018/1910)

THE EXAMINER PRE-PRESS COLLECTIVE AGREEMENT 2018

Graphic Arts
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2018

Application for approval of The Examiner Pre-Press Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Examiner Pre-Press Collective 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 Ltd T/A The Examiner. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190 of the Act. 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Fairfax Regional Media (Tasmania) Pty Ltd, trading as The Examiner, for approval of the Pre-Press Collective Agreement 2018. The application was heard by the Fair Work Commission, which is tasked with approving and rejecting collective agreements under the Fair Work Act 2009. The agreement in question was a collective agreement between the employer and its employees, primarily concerning the terms and conditions of employment within the pre-press department of The Examiner.

The primary legal issue before the commission was whether the agreement met the statutory requirements for approval as outlined in the Fair Work Act. Specifically, the commission had to determine whether the agreement was in the public interest, whether it was made in good faith, and whether it complied with procedural requirements. A secondary issue was the interpretation of certain provisions within the agreement, particularly those concerning employee entitlements and working conditions.

The commission found that the agreement was generally in the public interest, as it provided a framework for fair and reasonable terms of employment. The commission also determined that the agreement was made in good faith, with both parties having genuinely negotiated and engaged in the process. Regarding procedural requirements, the commission concluded that the agreement was appropriately made and contained all necessary provisions. The commission made some minor amendments to certain provisions to ensure compliance with the act but found that these changes did not significantly affect the overall nature of the agreement. Ultimately, the commission approved the agreement, subject to the minor amendments made.

Fairfax Regional Media (Tasmania) Pty Ltd T/A The Examiner

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established