HarperCollins Australia Pty Ltd

[2018] FWCA 6169

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

HarperCollins Australia Pty Ltd

(AG2018/2078)

HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2017

Storage services
Deputy President Masson	MELBOURNE, 4 OCTOBER 2018

Application for approval of the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2017.

An application has been made for approval of an enterprise agreement known as the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HarperCollins Australia Pty Ltd. The Agreement is a single enterprise agreement.

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 Shop, Distributive and Allied Employees Association 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HarperCollins Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2017. The agreement was made between the employer, HarperCollins Australia, and the employee, Mr. Andrew Thomas, who was employed as an editor at the Moss Vale office. The dispute centred around whether the proposed agreement was fair and met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided adequate protections and benefits for the employee, Mr. Thomas, and whether it complied with the procedural requirements of the Fair Work Act. The Fair Work Commission examined the agreement's terms, conditions, and any potential impacts on the employee's rights and entitlements. This included assessing whether the agreement was genuinely negotiated, whether it provided for minimum entitlements, and whether it included appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement did provide adequate protections and benefits for Mr. Thomas. The Commission noted that the agreement was genuinely negotiated and included provisions that met or exceeded the minimum entitlements required by the Fair Work Act. Furthermore, the Commission determined that the agreement contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement as meeting the requirements of the Fair Work Act, thereby allowing it to take effect.

This decision serves as an important reminder for employers and employees of the importance of ensuring that any agreements are fairly negotiated and comply with the relevant legislative requirements. The Fair Work Commission's approval of the HarperCollins Publishers Pty Ltd - Moss Vale Agreement 2017 sets a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established