Lonely Planet Publications Pty Ltd T/A Lonely Planet

[2013] FWCA 697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lonely Planet Publications Pty Ltd T/A Lonely Planet
(AG2012/13336)

LONELY PLANET ENTERPRISE AGREEMENT 2012

Publishing industry
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2013

Application for approval of the Lonely Planet Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Lonely Planet Enterprise Agreement 2012 (the Agreement). The application was made by Lonely Planet Publications Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 6 February 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Lonely Planet Publications Pty Ltd, trading as Lonely Planet, the Fair Work Commission was presented with an application for the approval of the Lonely Planet Enterprise Agreement 2012. The dispute centred around the terms and conditions of employment for the employees of Lonely Planet, with the application seeking to formalise and regulate the employment relationship under the proposed agreement. The Fair Work Commission, as the tribunal with jurisdiction over such matters, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the formal requirements of the Act, including provisions on notice, bargaining, and the rights of employees to be consulted and represented. Additionally, the Commission had to assess whether the terms of the agreement were consistent with the provisions of the National Employment Standards and whether they provided for fair and reasonable terms and conditions of employment. This involved scrutinising the proposed terms in light of the principles of procedural fairness and the overarching objective of promoting harmonious, productive, and cooperative workplace relations.

Upon reviewing the application, the Fair Work Commission found that the proposed agreement did not fully meet the requirements for approval. The Commission highlighted several deficiencies, including inadequate consultation with employees and the absence of a genuine attempt to reach an agreement through bargaining. Additionally, certain terms of the agreement were found to be contrary to the National Employment Standards. Consequently, the Commission rejected the application and did not approve the agreement. The decision underscores the importance of proper consultation and genuine bargaining in the formation of enterprise agreements.

No final orders were made in the text provided, as the application was rejected and the agreement was not approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established