DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2015/1372)

FREMANTLE HERALD JOURNALISTS AGREEMENT 2015

Journalism
COMMISSIONER LEE	HOBART, 22 JUNE 2015

Application for approval of the Fremantle Herald Journalists Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Herald Journalists 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 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 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 was approved on 22 June 2015 and, in accordance with s.54, will operate from 29 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Media, Entertainment and Arts Alliance, an application was lodged with the Fair Work Commission for approval of the Fremantle Herald Journalists Agreement 2015. The dispute centred around the terms and conditions of employment for journalists working at the Fremantle Herald, including issues such as remuneration, working hours, and conditions for freelance work. The case was heard and determined by the Fair Work Commission, which is responsible for overseeing the enforcement of the Fair Work Act 2009 and other related legislation.

The primary legal issues the Commission was required to decide were whether the terms of the proposed agreement were consistent with the principles of the Fair Work Act and whether they provided for a fair and reasonable outcome for both the journalists and the employer. This involved assessing the agreement against various benchmarks, including the national minimum standards set out in the Act, and ensuring that the agreement did not unfairly disadvantage either party. The Commission also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and grievances.

In reaching its decision, the Fair Work Commission carefully examined the terms of the proposed agreement, taking into account the submissions made by both the Media, Entertainment and Arts Alliance and the Fremantle Herald. The Commission found that the agreement generally complied with the requirements of the Fair Work Act and provided for a fair and reasonable outcome for both parties. The Commission noted that the agreement provided for a range of protections for journalists, including provisions for reasonable working hours, paid leave, and protections against unfair dismissal. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and grievances, and that it did not contain any terms that were contrary to the principles of the Act.

The Fair Work Commission approved the Fremantle Herald Journalists Agreement 2015, subject to certain modifications to ensure that it complied with the requirements of the Fair Work Act. The Commission made orders to this effect, and the agreement now provides the basis for the employment of journalists at the Fremantle Herald.

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