Nationwide News Pty Limited

[2024] FWCA 2558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nationwide News Pty Limited

(AG2024/2343)

NEWS CORP AUSTRALIA NEWSPAPERS - MEAA ENTERPRISE AGREEMENT 2024

Journalism
COMMISSIONER LEE	MELBOURNE, 10 JULY 2024

Application for approval of the News Corp Australia Newspapers - MEAA Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the News Corp Australia Newspapers - MEAA Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nationwide News Pty Limited. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 22.3(b) – Sick leave.

However, noting clause 5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Nationwide News Pty Limited sought approval for the News Corp Australia Newspapers - MEAA Enterprise Agreement 2024. The Australian Industrial Relations Commission was tasked with assessing whether the proposed enterprise agreement met the legal requirements and standards set out in the Fair Work Act 2009. The dispute arose from the application submitted by the employer to the Commission, which needed to be approved before it could be implemented.

The primary legal issues before the Commission were whether the agreement was "registered" within the meaning of section 231 of the Fair Work Act and whether it satisfied the "better off overall test" as outlined in section 233 of the Act. The Commission had to determine if the agreement provided employees with at least the same terms and conditions as those provided under the relevant awards and if it met the minimum standards of the National Employment Standards. Furthermore, the Commission considered whether the agreement was made in good faith and if it facilitated the efficient operation of the enterprise.

The Commission meticulously examined the contents of the proposed agreement, weighing the benefits and detriments to the employees. It found that the agreement met the statutory requirements and provided employees with at least the same terms and conditions as the relevant awards. Additionally, the Commission concluded that the agreement satisfied the better off overall test, as it offered employees better outcomes in various aspects. The Commission also determined that the agreement was made in good faith and facilitated the efficient operation of the enterprise.

The Australian Industrial Relations Commission approved the News Corp Australia Newspapers - MEAA Enterprise Agreement 2024. This decision allowed the agreement to be implemented and enforced, providing a clear framework for the employment relationship between Nationwide News Pty Limited and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established