DECISION

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

MMP Star Pty Ltd T/A MMP Star
(AG2015/2996)

THE MMP STAR EDITORIAL ENTERPRISE BARGAINING AGREEMENT 2014

Journalism
COMMISSIONER HAMPTON	ADELAIDE, 29 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as The MMP Star Editorial Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MMP Star Pty Ltd T/A MMP Star. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement. In doing so, I note parties have given an undertaking in relation to the operation of the consultation term of the Agreement and expect the instrument to be applied in a manner consistent with that undertaking.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of MMP Star Pty Ltd T/A MMP Star involved an application for approval of the MMP Star Editorial Enterprise Bargaining Agreement 2014. The parties included MMP Star Pty Ltd, which operated as MMP Star, and relevant union representatives. The dispute centred on the application of the Fair Work Act 2009, specifically the provisions relating to the approval of enterprise agreements that aim to provide for fair and effective workplace relations. The matter was heard in the Fair Work Commission, which has jurisdiction over such disputes under Australian labour law.

The legal issues before the court required clarification on several matters. Primarily, the court needed to determine whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act. This involved assessing whether the agreement contained the necessary provisions for minimum entitlements, such as minimum wages, penalty rates, and leave entitlements, and whether it adhered to the procedural requirements for making and approving the agreement. Furthermore, the court had to consider the submissions from both MMP Star and the union representatives to ensure the agreement was fair and balanced.

In its decision, the Fair Work Commission considered the submissions and evidence provided by both parties. The Commission found that the MMP Star Editorial Enterprise Bargaining Agreement 2014 substantially complied with the Fair Work Act, including the necessary provisions for minimum entitlements. The agreement was deemed to be fair and balanced, taking into account the interests of both employers and employees. The Commission approved the agreement, recognising that it provided for effective workplace relations and met the statutory requirements under the Act.

As a result of the court's decision, the MMP Star Editorial Enterprise Bargaining Agreement 2014 was approved and implemented, thereby resolving the dispute between MMP Star and the union representatives. The approval of the agreement ensures that it will govern the terms and conditions of employment for the relevant employees, providing a framework for fair and effective workplace relations.

MMP Star Pty Ltd T/A MMP Star

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established