DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMP Star Pty Ltd T/A MMP Star
(AG2017/2236)

MMP STAR EDITORIAL ENTERPRISE BARGAINING AGREEMENT 2017

Journalism
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2017

Application for approval of the MMP Star Editorial Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MMP Star Editorial Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MMP Star Pty Ltd T/A MMP Star. The agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 August 2017 and, in accordance with s.54, will operate from 22 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved MMP Star Pty Ltd, trading as MMP Star, and the Fair Work Commission. The dispute concerned an application for the approval of the MMP Star Editorial Enterprise Bargaining Agreement 2017. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The applicant argued that the agreement should be approved as it met the necessary conditions and provided fair terms for the employees.

The legal issues before the Commission were whether the agreement had been genuinely negotiated, was in writing, and complied with the provisions of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement covered the requisite minimum matters and if it provided for a proper process for the resolution of disputes. The applicant needed to demonstrate that the agreement was free from any unfair content and that it met the standards of the Act.

In delivering its decision, the Commission examined the evidence provided and the nature of the bargaining process. It found that the agreement had been genuinely negotiated and was in writing, covering the necessary minimum matters. The Commission was satisfied that the agreement contained provisions for the resolution of disputes and did not include any unfair content. Therefore, the Commission approved the MMP Star Editorial Enterprise Bargaining Agreement 2017, finding it to be compliant with the Fair Work Act.

The Fair Work Commission approved the MMP Star Editorial Enterprise Bargaining Agreement 2017, recognising it as a genuine and fair agreement that met all the statutory requirements. This decision ensures that the agreement is valid and enforceable, providing a framework for the relationship between the employer and employees.

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