DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GNM Australia Pty Ltd
(AG2016/2818)

JOURNALISTS (GNM AUSTRALIA PTY LTD) ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER ROE	MELBOURNE, 21 APRIL 2016

Application for approval of the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (GNM Australia Pty Ltd) 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 GNM Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Media, Entertainment and Arts Alliance, 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.

[4] The Agreement was approved on 21 April 2016 and, in accordance with s.54, will operate from 28 April 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved GNM Australia Pty Ltd, the employer, and the Media, Entertainment and Arts Alliance, the union representing the employees. The dispute centred on the approval of the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2016. The application for approval was lodged by the employer, and the union did not oppose the application. The legal issues before the court were whether the agreement complied with the relevant legislative provisions and whether it had been made in good faith and without coercion.

The court examined the agreement to determine if it met the requirements of the Fair Work Act 2009, including provisions related to the content, process, and substance of the agreement. The court assessed whether the agreement covered the necessary terms and conditions of employment, and whether it was made without any improper influence or duress. Given that the union did not oppose the application and had not raised any objections, the court found that the agreement was likely made in good faith and without coercion. The court also considered the procedural fairness of the agreement-making process and found that the employer had followed the appropriate steps in negotiating and finalising the agreement.

The court concluded that the Journalists (GNM Australia Pty Ltd) Enterprise Agreement 2016 complied with the legislative requirements and was made in good faith. The court approved the agreement, and the employer was authorised to implement it. The union's lack of opposition further supported the court's decision to approve the agreement, as it indicated that the terms were acceptable to the employees represented by the union. The court's decision ensured that the agreement would be legally binding and enforceable between the employer and the employees.

GNM Australia 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