DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Media Services Pty Ltd T/A MMP
(AG2015/3728)

THE MMP EDITORIAL DEPARTMENT ENTERPRISE BARGAINING AGREEMENT 2015

Journalism
COMMISSIONER CRIBB	MELBOURNE, 3 JULY 2015

Application for approval of The MMP Editorial Department Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The MMP Editorial Department Enterprise Bargaining 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 Metro Media Services Pty Ltd T/A MMP. 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 3 July 2015 and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Media Services Pty Ltd, trading as MMP, sought approval for the MMP Editorial Department Enterprise Bargaining Agreement 2015, which was being challenged by the Media, Entertainment & Arts Alliance (MEAA). The case was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement complied with the relevant legislative provisions, specifically the requirement that the agreement must be in writing, be made by the employer and the employees, and cover the terms and conditions of employment for the employees. A secondary issue was whether the agreement adequately addressed the specific needs and interests of the employees in the editorial department.

The FWC examined the application and the supporting evidence provided by MMP, including the draft agreement and submissions from both parties. The FWC considered the legal requirements for the approval of enterprise agreements, including the need for the agreement to be in the best interests of the employees. The FWC found that the agreement was properly negotiated and included provisions that were in the best interests of the employees. The Commission was satisfied that the agreement covered all necessary terms and conditions and was in line with the legislative framework. The FWC approved the MMP Editorial Department Enterprise Bargaining Agreement 2015, noting that it addressed the specific needs and interests of the employees as required by law.

The final orders of the FWC included the approval of the MMP Editorial Department Enterprise Bargaining Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the employees in the editorial department of Metro Media Services Pty Ltd.

Metro Media Services Pty Ltd T/A MMP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established