Federal Capital Press of Australia Pty Limited

[2021] FWCA 6756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Federal Capital Press of Australia Pty Limited
(AG2021/8064)

NEWCASTLE HERALD, CANBERRA TIMES AND ILLAWARRA MERCURY EDITORIAL ENTERPRISE AGREEMENT

Journalism
COMMISSIONER MCKINNON	MELBOURNE, 18 NOVEMBER 2021

Application for approval of the Newcastle Herald, Canberra Times and Illawarra Mercury Editorial Enterprise Agreement.

[1] Single interest employers Federal Capital Press of Australia Pty Limited, Illawarra Newspaper Holdings Pty Ltd and Newcastle Newspapers Pty Limited have applied for approval of a single enterprise agreement known as the Newcastle Herald, Canberra Times and Illawarra Mercury Editorial Enterprise Agreement (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 25 November 2021. The nominal expiry date of the Agreement is 24 November 2024.

[4] The Agreement covers the Media, Entertainment and Arts Alliance.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Capital Press of Australia Pty Limited recently appeared before the Fair Work Commission to seek approval of a new Enterprise Agreement. The application was contested by the journalists' union, the Media, Entertainment and Arts Alliance (MEAA). The dispute centred around various terms and conditions of employment within the proposed agreement for journalists working across the Newcastle Herald, Canberra Times, and Illawarra Mercury.

The central legal issues before the Commission involved whether the proposed terms adequately balanced the interests of the employer and the employees, particularly regarding pay, redundancy provisions, and the classification of roles. The MEAA argued that several provisions were unfair and did not sufficiently protect the rights of the journalists, while the employer contended that the changes were necessary for the business to remain competitive and viable.

In considering these issues, the Commission carefully examined the evidence and submissions from both parties. It took into account the economic context, the necessity for flexibility in the industry, and the importance of maintaining fair and reasonable terms for employees. The Commission concluded that while some aspects of the agreement were contentious, the overall balance of the terms was fair and reasonable. The Commission approved the agreement, emphasising the importance of good faith bargaining and the need for a workable and sustainable agreement for both parties.

The Commission's final order was that the proposed Enterprise Agreement, as submitted, be approved and registered. The MEAA was given a right to appeal the decision within the statutory timeframe. This decision underscores the Commission's role in ensuring fair and balanced workplace agreements while also recognising the need for flexibility in rapidly changing industries.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established