Metro Media Services Pty Ltd T/A Metro Media Publishing Summary

[2013] FWCA 7288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Media Services Pty Ltd T/A Metro Media Publishing
(AG2013/9318)

MMP DANDENONG PREPRESS DEPARTMENT ENTERPRISE BARGAINING AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the MMP Dandenong PrePress Department Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MMP Dandenong PrePress Department Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Media Services Pty Ltd T/A Metro Media Publishing. 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] An undertaking has been given with respect to clause 16 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 20 September 2013 and, in accordance with s.54, will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

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CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Metro Media Services Pty Ltd trading as Metro Media Publishing and the Media, Entertainment and Arts Alliance. The dispute centred around the application for the approval of the MMP Dandenong PrePress Department Enterprise Bargaining Agreement 2013 (EBA). The FWC was required to determine whether the EBA complied with the relevant legislative provisions and if it met the criteria for registration under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the EBA was consistent with the provisions of the Fair Work Act, particularly focusing on the requirement that it did not have the effect of disadvantaging employees. The FWC needed to assess the provisions of the EBA against the criteria set out in the Act to ensure that it did not adversely affect the employees' terms and conditions of employment. Additionally, the FWC had to consider whether the EBA appropriately balanced the interests of the employer and the employees, and whether it provided for a fair and efficient workplace.

The FWC found that the EBA met the statutory requirements for approval. It was determined that the agreement did not disadvantage employees and appropriately balanced the interests of both parties. The FWC highlighted that the EBA included provisions for minimum wages, penalty rates, and other employment conditions that were consistent with industry standards. Furthermore, the FWC concluded that the agreement provided for a fair and efficient workplace, and that it was in the best interests of the employees involved. Consequently, the FWC approved the EBA, confirming its compliance with the Fair Work Act and its suitability for registration.

The FWC's decision to approve the MMP Dandenong PrePress Department Enterprise Bargaining Agreement 2013 ensures that the terms and conditions of employment for the employees are legally sound and appropriately balanced. The approval signifies the FWC's recognition of the agreement as a fair and efficient means of regulating the employment relationship between Metro Media Services Pty Ltd and the Media, Entertainment and Arts Alliance.

Metro Media Services Pty Ltd T/A Metro Media Publishing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established