Nationwide Newspapers Pty Limited Summary

[2022] FWCA 2040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nationwide Newspapers Pty Limited

(AG2022/1813)

News Corp Australia - AMWU Metropolitan Printing Agreement 2021

Publishing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2022

Application for approval of the News Corp Australia – AMWU Metropolitan Printing Agreement 2021.

An application has been made for approval of an enterprise agreement known as the News Corp Australia – AMWU Metropolitan Printing Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nationwide Newspapers Pty Limited (Employer). 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.
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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Nationwide Newspapers Pty Limited, sought approval for the News Corp Australia – AMWU Metropolitan Printing Agreement 2021, which was to be registered as a workplace determination under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval as stipulated in the Act. This included assessing whether the agreement promoted harmonious, productive, and cooperative workplace relations.

The primary legal issues the Fair Work Commission had to address were whether the agreement contained all the prescribed minimum terms and conditions, whether it promoted harmonious, productive, and cooperative workplace relations, and whether it met the criteria for being a genuine enterprise agreement. The Commission also considered whether the agreement was made in good faith and whether it had been appropriately certified.

In its decision, the Fair Work Commission found that the agreement contained all the prescribed minimum terms and conditions and was made in good faith. The Commission concluded that the agreement promoted harmonious, productive, and cooperative workplace relations, and that it met the criteria for being a genuine enterprise agreement. The Commission noted the efforts made by both parties to reach a fair and balanced agreement, and the manner in which the agreement had been certified. Consequently, the Commission approved the application and ordered that the News Corp Australia – AMWU Metropolitan Printing Agreement 2021 be registered as a workplace determination.

Nationwide Newspapers Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established