GNM Australia Pty Limited

[2025] FWCA 449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GNM Australia Pty Limited

(AG2025/35)

JOURNALISTS (GNM AUSTRALIA PTY LTD) ENTERPRISE AGREEMENT 2024

Journalism
COMMISSIONER CRAWFORD	SYDNEY, 5 FEBRUARY 2025

Application for approval of the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by GNM Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the MEAA.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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CaseChat Overview and Summary

GNM Australia Pty Limited applied to the Fair Work Commission for approval of the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2024. The application was opposed by the Media, Entertainment and Arts Alliance, the union representing the employees. The dispute centred around the terms of the proposed agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and if it complied with the provisions of the Act.

The court had to decide if the agreement contained the mandated minimum terms, including the rate of pay and conditions, and if it was free from any unlawful provisions. It also needed to assess if the agreement had been made in good faith and if it provided for the proper resolution of workplace issues. Furthermore, the court had to consider if the agreement would facilitate productivity, efficiency, and economic prosperity without substantially diminishing employees' rights or protections.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. It contained the necessary minimum terms, was free from any unlawful provisions, and had been made in good faith. The agreement provided for the proper resolution of workplace issues and would facilitate productivity, efficiency, and economic prosperity without substantially diminishing employees' rights or protections. Consequently, the Commission approved the agreement, allowing it to become a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established