GNM Australia Pty Ltd

[2022] FWCA 277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GNM Australia Pty Ltd

(AG2021/9150)

Journalist (GNM Australia Pty Ltd) Enterprise Agreement 2021

Journalism
COMMISSIONER SIMPSON	BRISBANE, 3 FEBRUARY 2022

Application for approval of the Journalist (GNM Australia Pty Ltd) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Journalist (GNM Australia Pty Ltd) Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GNM Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

The Media, Entertainment and Arts Alliance (the MEAA) lodged a Form F18 statutory declaration giving 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 is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, GNM Australia Pty Ltd, sought the approval of the Journalist (GNM Australia Pty Ltd) Enterprise Agreement 2021 from the Fair Work Commission. The respondents, Australian Journalists' Association (AJA), sought to have the agreement rejected on various grounds, including that it did not fairly reflect the terms and conditions of employment of the journalists it covered. The case was heard in the Fair Work Commission.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, and whether it fairly reflected the terms and conditions of employment of the journalists covered by the agreement. The court needed to consider whether the agreement provided for a fair and efficient bargaining process, and whether it provided for minimum terms that were fair and reasonable.

The Fair Work Commission held that the enterprise agreement met the statutory requirements under the Fair Work Act 2009, and that it fairly reflected the terms and conditions of employment of the journalists covered by the agreement. The court found that the agreement provided for a fair and efficient bargaining process, and that it provided for minimum terms that were fair and reasonable. The court rejected the respondents' arguments that the agreement did not meet the statutory requirements, and approved the enterprise agreement.

The Fair Work Commission approved the Journalist (GNM Australia Pty Ltd) Enterprise Agreement 2021, finding that it met the statutory requirements under the Fair Work Act 2009, and that it fairly reflected the terms and conditions of employment of the journalists covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established