DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nationwide Newspapers Pty Limited t/a News Corp Australia
(AG2020/3191)

NEWS CORP AUSTRALIA - REGIONAL QUEENSLAND PRODUCTION ENTERPRISE AGREEMENT 2020

Publishing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the News Corp Australia - Regional Queensland Production Enterprise Agreement 2020

[1] Nationwide Newspapers Pty Limited t/a News Corp Australia has made an application for approval of an enterprise agreement known as the News Corp Australia - Regional Queensland Production Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 November 2020 and, in accordance with s 54, will operate from 4 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission involved Nationwide Newspapers Pty Limited, trading as News Corp Australia, and its employees represented by the Media, Entertainment & Arts Alliance. The dispute was regarding the approval of the News Corp Australia - Regional Queensland Production Enterprise Agreement 2020, which aimed to govern the terms and conditions of employment for certain employees in regional Queensland. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue the Commission needed to address was whether the enterprise agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. This included assessing if the agreement was made in accordance with the provisions of the Act, whether it dealt with the employees' terms and conditions of employment, and if it adhered to the 'better off overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was made in compliance with the necessary procedural requirements and substantive provisions of the Act. The agreement was certified as meeting the 'better off overall test', with evidence provided demonstrating that employees would not be disadvantaged financially. The Commission concluded that the agreement was fair and reasonable, and thus approved it. The decision emphasised the importance of the agreement in providing stability and predictability in employment conditions for the affected employees.

The Fair Work Commission approved the News Corp Australia - Regional Queensland Production Enterprise Agreement 2020, effective from the date of the decision. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees, providing them with the protections and benefits outlined in the agreement. The decision highlights the importance of enterprise agreements in facilitating fair and productive workplace relationships.

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