DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media Super Limited T/A Media Super
(AG2020/4208)

MEDIA SUPER ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 FEBRUARY 2021

Application for approval of the Media Super Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Media Super Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Media Super Limited T/A Media Super (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The Finance Sector Union of Australia 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 is approved and in accordance with s 54 of the Act will operate from 5 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Media Super Limited T/A Media Super, the Australian Industrial Relations Commission was called upon to consider the application for the approval of the Media Super Enterprise Agreement 2020. The applicant, Media Super, sought the commission’s approval of the proposed agreement between the employer and the employees, which had been negotiated in accordance with the relevant industrial relations legislation. The dispute centred around whether the proposed terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the commission was whether the proposed agreement contained all the required terms and conditions as stipulated by the legislation, and whether it complied with the procedural requirements for approval. Specifically, the commission had to examine if the agreement was fairly and properly negotiated and if it met the criteria for being a genuinely agreed enterprise agreement. The commission also needed to consider the implications of any potential non-compliance with the Fair Work Act and the impact of such non-compliance on the proposed agreement's validity.

In reaching its decision, the commission meticulously reviewed the negotiation process, the content of the agreement, and the compliance with statutory provisions. The commission found that the negotiation process was robust and in accordance with the law, and that the proposed agreement contained all the necessary terms and conditions. The commission concluded that the agreement was genuinely negotiated and met all the requirements for approval under the Fair Work Act. The commission approved the Media Super Enterprise Agreement 2020, confirming its compliance with the relevant industrial relations legislation.

Media Super Limited T/A Media Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established