DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/10160)

JOURNALISTS’ COUNTRY NON-DAILY NEWSPAPERS (LATROBE VALLEY EXPRESS) AGREEMENT 2014

Publishing industry
COMMISSIONER CRIBB	MELBOURNE, 12 DECEMBER 2014

Application for approval of the Journalists’ Country Non-Daily Newspapers (Latrobe Valley Express) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ Country Non-Daily Newspapers (Latrobe Valley Express) Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (MEAA) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 12 December 2014 and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Media, Entertainment and Arts Alliance, the applicant sought approval for the Journalists’ Country Non-Daily Newspapers (Latrobe Valley Express) Agreement 2014. This application was brought before the Fair Work Commission (FWC) in Australia. The applicant argued that the agreement, if approved, would serve as an industrial instrument, thereby enhancing the working conditions of journalists employed by the Latrobe Valley Express, a country non-daily newspaper.

The legal issues before the FWC encompassed whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved an assessment of whether the agreement provided better terms and conditions than those mandated by the relevant industrial instrument, and whether it adhered to the FWC’s process for approving agreements. The applicant needed to demonstrate that the agreement was made in good faith and would result in improved working conditions for the journalists.

In delivering its decision, the FWC found that the agreement satisfied the legislative requirements for approval. The Commission determined that the agreement provided better terms and conditions than those specified in the relevant industrial award. The FWC also concluded that the agreement was made in good faith and was conducive to the improvement of working conditions for the journalists. Consequently, the FWC approved the agreement, recognising its potential to enhance the industrial relations environment for the Latrobe Valley Express journalists.

The FWC’s approval of the agreement was contingent upon compliance with the terms set forth in the decision. The applicant was directed to implement the agreement and ensure that it was adhered to by the Latrobe Valley Express. The FWC emphasised that ongoing compliance would be monitored, and any breaches would be subject to appropriate remedies. This decision provided clarity for the parties involved and set a precedent for similar agreements in the industry.

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