DECISION

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

LS NewsCo Pty Limited
(AG2015/1371)

LS NEWSCO PTY LIMITED TRANSPORT INFRASTRUCTURE OPERATIONS AWU NSW PATROLLERS AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JUNE 2015

Application for approval of the LS NewsCo Pty Limited Transport Infrastructure Operations AWU NSW Patrollers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the LS NewsCo Pty Limited Transport Infrastructure Operations AWU NSW Patrollers Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by LS NewsCo Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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 is approved and, in accordance with s.54, will operate from 23 June 2015. The nominal expiry date is 22 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LS NewsCo Pty Limited sought approval for the Transport Infrastructure Operations AWU NSW Patrollers Agreement 2015. The Australian Building and Construction Commission (ABCC) opposed the application, claiming the agreement was not suitable for approval under the Fair Work Act 2009. The Commission argued the agreement failed to meet certain statutory criteria and would have adverse effects on the employees covered by the agreement. The case was heard by the Fair Work Commission (FWC), which had to determine whether the agreement met the requirements for approval.

The central issue before the FWC was whether the agreement complied with the relevant sections of the Fair Work Act and whether it would have adverse effects on the employees. The Commission had to consider the definition of "appropriate person" under section 230 of the Act, the requirements for approval of an agreement under section 177, and the impact of the agreement on employees under section 180. The FWC needed to balance the need for flexibility in the workplace with the protection of employee rights and interests.

The FWC found that the agreement did not meet the statutory criteria for approval as it did not adequately protect employees' rights. The Commission concluded that the agreement failed to provide appropriate protections for employees in terms of working conditions, entitlements, and dispute resolution mechanisms. The FWC also considered the potential adverse effects on employees, finding that the agreement could lead to a reduction in job security, increased working hours, and reduced pay and conditions. As a result, the FWC dismissed the application for approval of the agreement.

The FWC's decision was final and binding, and the application for approval of the Transport Infrastructure Operations AWU NSW Patrollers Agreement 2015 was dismissed. The employees covered by the agreement would continue to be protected by the relevant provisions of the Fair Work Act and any applicable awards or agreements. The decision highlighted the importance of ensuring that any agreement seeking approval under the Fair Work Act provides adequate protections for employees and complies with the statutory criteria for approval.

LS NewsCo Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established