Motion Publishing Pty Ltd

[2021] FWCA 6946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Motion Publishing Pty Ltd
(AG2021/8384)

MOTION PUBLISHING AND MEDIA, ENTERTAINMENT AND ARTS ALLIANCE EDITORIAL ENTERPRISE AGREEMENT 2021

Journalism
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 DECEMBER 2021

Application for approval of the Motion Publishing and Media Entertainment & Arts Alliance Editorial Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Motion Publishing and Media Entertainment & Arts Alliance Editorial Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Motion Publishing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 1 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Journalists Published Media Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Motion Publishing Pty Ltd, the applicant, sought approval of a proposed enterprise agreement from the Fair Work Commission. The Media Entertainment & Arts Alliance, the respondent, opposed the application on the basis that the proposed agreement failed to provide adequate protections for its members. The dispute was heard in the Fair Work Commission, presided over by Deputy President L R M Connolly.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately provided for the protection of employees’ terms and conditions of employment, particularly in relation to their remuneration and working conditions. The Commission needed to determine whether the agreement met the statutory requirements set out in the Fair Work Act 2009.

The Fair Work Commission found that the proposed agreement provided for adequate protections for employees. The Deputy President highlighted that the agreement included provisions for minimum rates of pay, overtime, penalty rates, and other employment conditions that met or exceeded the applicable award rates. The Commission also noted that the agreement contained mechanisms for resolving disputes and addressing changes in employment practices. Consequently, the Deputy President approved the application for the agreement to be registered.

The Fair Work Commission approved the Motion Publishing and Media Entertainment & Arts Alliance Editorial Enterprise Agreement 2021. The agreement is now registered and will apply to the employees of Motion Publishing Pty Ltd, providing them with the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established