Media, Entertainment and Arts Alliance

[2014] FWCA 6530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/8960)

BENDIGO WEEKLY ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CRIBB	MELBOURNE, 17 SEPTEMBER 2014

Application for approval of the Bendigo Weekly Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Bendigo Weekly Enterprise 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 the 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 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 17 September 2014 and, in accordance with s.54 of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission (FWC) for approval of the Bendigo Weekly Enterprise Agreement 2014. The dispute arose as the FWC was required to assess whether the agreement met the requirements of the Fair Work Act 2009. The applicants, MEAA, were an authorised union representing employees in the media, entertainment, and arts sectors. The respondents were various employers within the Bendigo region who were parties to the proposed agreement.

The legal issues before the FWC involved determining whether the agreement satisfied the "better off overall test" as outlined in the Fair Work Act. The FWC had to examine if the agreement provided employees with terms and conditions that were no worse than those they would have under the applicable award or safety net, and whether it offered improvements. The FWC also needed to consider if the agreement was made in good faith and if it complied with the procedural requirements under the Act. The FWC's task was to ensure that the agreement was fair, practical, and in line with the principles of the industrial relations system.

In its decision, the FWC assessed the terms of the Bendigo Weekly Enterprise Agreement 2014 against the statutory requirements. The FWC found that the agreement provided employees with conditions that were at least as favourable as those in the relevant award and met the better off overall test. The FWC was satisfied that the agreement had been negotiated in good faith and complied with the procedural fairness requirements. Consequently, the FWC approved the agreement, recognising it as a fair and reasonable arrangement for the employees and employers involved.

The FWC's final order was to approve the Bendigo Weekly Enterprise Agreement 2014, effective from the date specified in the agreement. The approval was contingent on the agreement being registered with the Fair Work Commission and the necessary steps being taken to inform the relevant employees. The approval signified that the agreement was deemed to comply with the Fair Work Act and could be implemented by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established