DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nationwide Newspapers Pty Limited T/A News Corp Australia
(AG2018/1090)

NEWS CORP AUSTRALIA - AMWU METROPOLITAN PRINTING AGREEMENT 2017

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia - AMWU Metropolitan Printing Agreement 2017 (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 T/A News Corp Australia. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 10 May 2018 and, in accordance with s.54, will operate from 17 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Nationwide Newspapers Pty Limited, trading as News Corp Australia, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for approval of the News Corp Australia - AMWU Metropolitan Printing Agreement. The AMWU sought the approval of the agreement under the Fair Work Act 2009, which aimed to formalise the terms and conditions of employment for printing workers in metropolitan areas.

The legal issues before the Commission were whether the agreement met the necessary requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the process outlined in the Act for the approval of enterprise agreements. Additionally, the Commission had to consider whether the agreement adequately represented the interests of the employees and complied with the good faith bargaining requirements.

In reaching its decision, the Commission carefully examined the contents of the proposed agreement, the process through which it was negotiated, and the representation of the employees involved. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission also found that the process for approving the agreement was in compliance with the statutory requirements. Consequently, the Commission approved the News Corp Australia - AMWU Metropolitan Printing Agreement, recognising its validity and applicability under the Act.

The final orders of the Commission were that the News Corp Australia - AMWU Metropolitan Printing Agreement be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The decision provided clarity and certainty for both News Corp Australia and the AMWU, ensuring that the agreement would govern the employment conditions of printing workers in metropolitan areas as intended.

Nationwide Newspapers Pty Limited T/A News Corp Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established