DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Media Services Pty Ltd
(AG2015/1791)

THE MMP EDITORIAL DEPARTMENT ENTERPRISE BARGAINING AGREEMENT 2014

Journalism
COMMISSIONER CRIBB	MELBOURNE, 9 FEBRUARY 2015

Application for approval of The MMP Editorial Department Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the The MMP Editorial Department Enterprise Bargaining 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 Metro Media Services Pty Ltd. 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 9 February 2015 and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of The MMP Editorial Department Enterprise Bargaining Agreement 2014 was heard in the Fair Work Commission. The matter involved Metro Media Services Pty Ltd, the employer, and the Media, Entertainment and Arts Alliance, the union representing the editorial department employees. The primary issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment for the employees in the editorial department.

The Commission examined whether the agreement contained provisions that were fair and reasonable in all respects, considering the need to promote high levels of employment and the economic circumstances of the parties. The employer argued that the agreement was fair and reasonable, while the union contended that certain aspects of the agreement were not in the best interests of the employees. The Commission needed to assess the fairness and reasonableness of the agreement in light of the relevant legislative framework and the principles of industrial relations law.

The Commission determined that the agreement, while generally fair and reasonable, contained provisions that did not adequately protect the employees' interests. The Commission highlighted issues such as the lack of specific provisions regarding casual employees' entitlements and the absence of adequate mechanisms for resolving disputes. Consequently, the Commission decided that the agreement could not be approved in its current form. The Commission ordered the parties to negotiate and amend the agreement to address the identified deficiencies and resubmit it for approval. The Commission also set a timeframe for the resubmission of the amended agreement.

Metro Media Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established