DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMP Star Pty Ltd T/A Star Weekly
(AG2020/4174)

THE MMP STAR EDITORIAL ENTERPRISE BARGAINING AGREEMENT 2020

Journalism
COMMISSIONER YILMAZ	MELBOURNE, 9 FEBRUARY 2021

Application for approval of the The MMP Star Editorial Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The MMP Star Editorial Enterprise Bargaining Agreement 2020 (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 Star Weekly. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 16 February 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of MMP Star Pty Ltd trading as Star Weekly, the Fair Work Commission (FWC) considered an application for the approval of the MMP Star Editorial Enterprise Bargaining Agreement 2020. The dispute arose as the proposed agreement needed to be certified as a single, simplified, and streamlined enterprise agreement under the Fair Work Act 2009. The application was brought by MMP Star Pty Ltd, and the relevant employees were represented by the Community and Public Sector Union.

The central legal issues before the FWC were whether the proposed agreement met the legislative criteria for approval and whether the bargaining process complied with the relevant provisions of the Fair Work Act. The FWC had to ensure the agreement was a single, simplified, and streamlined enterprise agreement, that the bargaining process was genuine, and that the agreement did not contain any provisions that were inconsistent with the national employment standards or unfair under the general protections provisions.

The FWC found that the MMP Star Editorial Enterprise Bargaining Agreement 2020 met the criteria for approval. The agreement was a single, simplified, and streamlined enterprise agreement, and the bargaining process was genuine. The FWC also determined that the agreement did not contain any provisions that were inconsistent with the national employment standards or unfair under the general protections provisions. The FWC approved the proposed agreement, which will now apply to the relevant employees.

The FWC's decision confirmed that the MMP Star Editorial Enterprise Bargaining Agreement 2020 was properly negotiated and met the statutory requirements for approval. The court's reasoning demonstrated a careful consideration of the relevant provisions of the Fair Work Act and a thorough examination of the agreement's contents and the bargaining process. The outcome of this case will provide guidance to employers and employees in similar situations, ensuring that enterprise agreements are negotiated and approved in accordance with the law.

MMP Star Pty Ltd T/A Star Weekly

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established