DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Newspaper Holdings Pty Ltd T/A Illawarra Mercury
(AG2018/2760)

ILLAWARRA NEWSPAPER HOLDINGS PTY LIMITED CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2018

Application for approval of the Illawarra Newspaper Holdings Pty Limited Clerical, Administrative and Support Services Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Illawarra Newspaper Holdings Pty Limited Clerical, Administrative and Support Services Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Newspaper Holdings Pty Ltd T/A Illawarra Mercury. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Illawarra Newspaper Holdings Pty Ltd, trading as the Illawarra Mercury, applied for approval of the Illawarra Newspaper Holdings Pty Limited Clerical, Administrative and Support Services Collective Agreement 2018. The applicant and the Media, Entertainment and Arts Alliance, representing the employees, were in dispute over the terms of the agreement. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act 2009, specifically whether it provided for the terms and conditions of employment of the employees and whether it was in the best interests of the employees. The agreement was to cover employees who were not members of the union but would still be bound by its terms. The union argued that this was not in the employees' best interests, but the applicant maintained that the agreement was fair and balanced.

The Fair Work Commission found that the agreement was valid and should be approved. The Commission noted that the agreement provided for reasonable terms and conditions of employment and that it was in the best interests of the employees, including those who were not members of the union. The Commission also found that the agreement was necessary to maintain industrial peace and prevent industrial action. The Commission approved the agreement, and it came into effect on the date of the decision.

Illawarra Newspaper Holdings Pty Ltd T/A Illawarra Mercury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established