DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairfax Regional Printers Pty Ltd
(AG2016/6014)

FAIRFAX MEDIA PRINT & LOGISTICS NEWCASTLE ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Fairfax Media Print & Logistics Newcastle Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Print & Logistics Newcastle 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 Regional Printers Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] 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.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 16 December 2016. The nominal expiry date of the Agreement is 24 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairfax Regional Printers Pty Ltd sought approval for the Fairfax Media Print & Logistics Newcastle Enterprise Agreement 2016, which aimed to govern the employment conditions of their workers. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The decision turned on whether the agreement complied with the procedural fairness requirements, as well as the substantive fairness provisions, ensuring that it was a bona fide agreement reached through genuine bargaining.

The central legal issues addressed by the Commission were whether the agreement was genuinely negotiated between the parties and whether it was made in good faith. The Commission had to consider whether the employer had provided sufficient information to the employees to enable them to make an informed decision regarding the agreement. Furthermore, the Commission needed to evaluate whether the agreement contained provisions that were fair and reasonable, and whether it adequately protected the interests of the employees.

After examining the evidence presented, the Fair Work Commission found that the employer had provided adequate information to the employees and that the agreement was the result of genuine negotiations. The Commission was satisfied that the agreement met the procedural fairness requirements and did not contain any unfair or unreasonable provisions. Consequently, the Commission approved the Fairfax Media Print & Logistics Newcastle Enterprise Agreement 2016, recognising it as a genuine and fair agreement that reflected the interests of both the employer and employees.

The Fair Work Commission's decision to approve the agreement was based on its finding that the employer had fulfilled their obligations under the Fair Work Act, ensuring that the agreement was the result of genuine bargaining and contained fair and reasonable terms. The Commission's approval of the agreement demonstrated its satisfaction with the employer's conduct and the overall fairness of the agreement.

Fairfax Regional Printers 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