DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/3938)

THE QUEENSLAND TIMES PTY LTD (JOURNALISTS’) ENTERPRISE AGREEMENT 2016-2018

Publishing industry
COMMISSIONER LEE	HOBART, 16 SEPTEMBER 2016

Application for approval of The Queensland Times Pty Ltd (Journalists’) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Queensland Times Pty Ltd (Journalists’) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Media, Entertainment and Arts Alliance. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) 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 23 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance brought an application for the approval of the The Queensland Times Pty Ltd (Journalists’) Enterprise Agreement 2016-2018, which was opposed by News Corp Australia Pty Ltd. The dispute centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for the compulsory acquisition of union membership as a condition of employment, which is prohibited under section 233 of the Act. The applicant argued that the agreement did not mandate compulsory union membership, while the opponent contended that the agreement did indeed require membership as a condition of employment.

The Fair Work Commission determined that the agreement did not mandate compulsory union membership, as it did not require employees to join the union as a condition of employment. The Commission found that the agreement provided for the voluntary acquisition of union membership and that the union could not be compelled to accept members. Consequently, the application for approval was successful.

The Fair Work Commission approved the enterprise agreement, finding that it did not mandate compulsory union membership and was in compliance with the relevant provisions of the Fair Work Act 2009. The decision was made on 10 May 2016.

Media, Entertainment and Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established