iSentia Pty Ltd Summary

[2013] FWCA 8189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

iSentia Pty Ltd
(AG2013/10866)

ISENTIA ENTERPRISE AGREEMENT 2013

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 18 OCTOBER 2013

Application for approval of the iSentia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the iSentiaEnterprise Agreement 2013(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by iSentia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 14 October 2013. The application included a Statutory Declaration of Belinda Armstrong made on behalf of the Employer and dated 14 October 2013(the Declaration). The Declaration stated that the Agreement was made on 4 October 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 October 2013. I note that the file has included a Statutory Declaration of Louise Connor made on behalf of the Media, Entertainment & Arts Alliance (MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 30.

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

[7] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 October 2013. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

iSentia Pty Ltd, an Australian media and communications company, sought approval of its Enterprise Agreement 2013 from the Fair Work Commission (FWC). The agreement was intended to cover employees who were part of the Communications and Media Award 2010. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement 2013 provided for the terms and conditions of employment that were at least as favourable as the applicable award. The Commission also needed to consider whether the agreement complied with the good faith bargaining requirements and whether it contained provisions that were contrary to public policy or social justice.

The Commission found that the Enterprise Agreement 2013 was generally more favourable than the award in terms of pay and conditions for most employees. The agreement included provisions for pay rates, allowances, leave entitlements, and other employment terms that were considered equitable. The Commission also determined that the bargaining process was conducted in good faith and that the agreement did not contravene any public policy or social justice principles. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The Fair Work Commission's final orders included the approval of the iSentia Enterprise Agreement 2013, effective from 1 July 2013. The agreement was to apply to the employees covered by the Communications and Media Award 2010, and the Commission emphasised the importance of continued compliance with the terms and conditions as outlined in the approved agreement.

iSentia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established