DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2015/5141)

COMMUNITY NEWSPAPER GROUP LTD ENTERPRISE AGREEMENT 2015

Publishing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Community Newspaper Group Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Community Newspaper Group Ltd Enterprise Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Community Newspaper Group Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) applied for approval of the Community Newspaper Group Ltd Enterprise Agreement 2015, which was made between the employer and the union representing the employees. The Fair Work Commission (FWC) was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary issue before the FWC was whether the agreement provided for the proper operation of the enterprise and if it contained appropriate mechanisms for dispute resolution.

The FWC noted that the agreement comprehensively covered various aspects of employment, including wages, hours of work, leave, and dispute resolution procedures. It found that the agreement was consistent with the Fair Work Act's objectives, including facilitating a cooperative workplace culture and ensuring that employees were not disadvantaged. The FWC also assessed whether the agreement allowed for the proper operation of the enterprise, considering the nature of the employer's business and the terms of the agreement. The Commission concluded that the agreement did not unduly restrict the employer's operational flexibility and allowed for the effective management of the enterprise.

In approving the agreement, the FWC highlighted the importance of the union's role in representing the employees and facilitating a fair and efficient workplace. The FWC determined that the agreement provided for the proper operation of the enterprise and contained appropriate mechanisms for dispute resolution. The MEAA's application for approval was granted, and the Community Newspaper Group Ltd Enterprise Agreement 2015 was approved. The Commission's decision underscores the importance of collaborative agreements that balance the interests of both employers and employees within the framework of the Fair Work Act.

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