Federal Capital Press of Australia Pty Ltd

[2025] FWCA 3432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Federal Capital Press of Australia Pty Ltd

(AG2025/3318)

AUSTRALIAN COMMUNITY MEDIA JOURNALISTS’ NSW/ACT ENTERPRISE AGREEMENT 2025

Journalism
DEPUTY PRESIDENT SLEVIN	SYDNEY, 14 OCTOBER 2025

Application for approval of the Australian Community Media Journalists’ NSW/ACT Enterprise Agreement 2025

An application has been made by Federal Capital Press of Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the Australian Community Media Journalists’ NSW/ACT Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

The Agreement covers four employing entities which for the purposes of s 172(5A) of the Act I am satisfied are related employers:
·   Federal Capital Press of Australia Pty Ltd;
·   Illawarra Newspaper Holdings Pty Ltd;
·   Newcastle Newspapers Pty Ltd; and
·   Regional Publishers Pty Ltd.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Media, Entertainment and Arts Alliance (MEAA) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the MEAA.

The Agreement was approved on 14 October 2025 and will operate from 21 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, in accordance with Clause 1.2, 21 October 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Australian Community Media Journalists' NSW/ACT Enterprise Agreement 2025. The applicant, Federal Capital Press of Australia Pty Ltd, sought approval of the agreement which was entered into between the employer, represented by Australian Community Media, and the union, represented by the Media, Entertainment and Arts Alliance. The union sought approval of the agreement on behalf of its members who were employed as journalists by the employer.

The legal issues before the Commission included whether the agreement was in the public interest, whether the agreement provided for a fair and reasonable process for the resolution of disputes, and whether the agreement provided for a fair and reasonable process for the protection of journalists' freedom of expression and independence. The Commission had to consider these issues in the context of the relevant legislative framework and the principles of fairness and good faith bargaining.

The Commission found that the agreement was in the public interest and provided for a fair and reasonable process for the resolution of disputes. The Commission also found that the agreement provided for a fair and reasonable process for the protection of journalists' freedom of expression and independence. The Commission was satisfied that the agreement provided for adequate protections for journalists to ensure that they could perform their role in a free and independent manner. The Commission also found that the agreement provided for a reasonable process for the resolution of disputes, including the right of journalists to access independent dispute resolution mechanisms. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Australian Community Media Journalists' NSW/ACT Enterprise Agreement 2025. The Commission found that the agreement was in the public interest and provided for a fair and reasonable process for the resolution of disputes and the protection of journalists' freedom of expression and independence. The Commission made orders approving the agreement and setting out the terms and conditions of employment for journalists employed by the employer. The orders also included provisions for the enforcement of the agreement and the resolution of disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established