Nationwide News Pty Limited T/A News Corp Australia

[2015] FWCA 3252

[2015] FWCA 3252

FAIR WORK COMMISSION

DECISION

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

Nationwide News Pty Limited T/A News Corp Australia
(AG2015/2450)

NEWS CORP AUSTRALIA - AMWU METROPOLITAN PRINTING AGREEMENT 2014

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 13 MAY 2015

Application for Approval of the News Corp Australia - AMWU Metropolitan Printing Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia - AMWU Metropolitan Printing Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by various named employer entities which are collectively referred to as News Corp Australia (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 15 April 2015. The application included a Statutory Declaration of Andrew Biocca made on behalf of the Employer and dated 15 April 2015 (the Declaration). The Declaration stated that the Agreement was made on 2 April 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The application included several Undertakings which had been signed by the Employer. The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 6 May 2015, from the Employer which included further material in support of the application together with a further Undertaking made by and duly signed by the Employer. This Undertaking and the Undertakings provided with the application, have been considered collectively as being Undertakings which have been proposed to the Commission pursuant to s.190 of the Act.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 13 May 2015. I note that the file has included a Statutory Declaration of Katrina Ford made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 28 and a consultation term at clause 17.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[9] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 20 May 2015. The nominal expiry date of the Agreement as specified in clause 7 of the Agreement, is 30 September 2017.

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