DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McPherson Newspapers Pty Ltd T/A McPherson Media Group
(AG2016/5170)

MCPHERSON MEDIA GROUP ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the McPherson Media Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McPherson Media Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McPherson Newspapers Pty Ltd T/A McPherson Media Group. The Agreement is a single enterprise agreement.

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

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

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2016. The nominal expiry date of the Agreement is 10 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McPherson Newspapers Pty Ltd T/A McPherson Media Group came before the Fair Work Commission to seek approval of the McPherson Media Group Enterprise Agreement 2016. The application was made by the employer, and the Australian Council of Trade Unions (ACTU) appeared as an interested party. The dispute centred on the terms and conditions of employment set out in the proposed agreement, particularly the classification of certain employees and their associated remuneration and conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the fair classification of employees and whether it complied with the provisions of the Fair Work Act, including the requirement for a majority of employees to vote in favour of the agreement. The employer argued that the agreement was fair and met all legal requirements, while the ACTU contended that certain classifications and conditions were unfair and did not provide adequate protections for employees. The Commission had to carefully consider the evidence and arguments presented by both parties to determine if the agreement could be approved in its current form.

After examining the evidence and submissions, the Commission found that the McPherson Media Group Enterprise Agreement 2016 did not meet the legal requirements for approval. The classification of certain employees and the associated conditions were deemed unfair, and the agreement did not provide adequate protections for employees in several respects. Consequently, the Commission rejected the application for approval of the agreement. The Commission provided detailed reasons for its decision, highlighting the specific areas of non-compliance and outlining the necessary changes to address the issues identified.

The final orders of the Commission included the rejection of the application for approval of the McPherson Media Group Enterprise Agreement 2016. The Commission directed the parties to negotiate in good faith to address the issues identified and to submit a revised agreement for approval once the necessary changes had been made. The Commission emphasised the importance of reaching a fair and compliant agreement that adequately protected the rights and interests of all employees.

McPherson Newspapers Pty Ltd T/A McPherson Media Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established