DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nationwide Newspapers Pty Ltd T/A News Corp Australia
(AG2020/3690)

NEWS CORP AUSTRALIA - AMWU METROPOLITAN PRINTING AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 DECEMBER 2020

Application for approval of the News Corp Australia - AMWU Metropolitan Printing Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia - AMWU Metropolitan Printing Agreement 2020 (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 Ltd T/A News Corp Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] I note that Clause 92 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2020. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Nationwide Newspapers Pty Ltd, trading as News Corp Australia, applied for approval of the News Corp Australia - AMWU Metropolitan Printing Agreement 2020. The Australian Manufacturing Workers’ Union (AMWU) opposed the application, arguing that the agreement was not fairly and reasonably negotiated and contained terms that were not in the best interests of the employees. The dispute centred on whether the agreement, which aimed to modernise workplace arrangements and address technological changes, was in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issue before the court was whether the agreement had been fairly and reasonably negotiated, as required by the Fair Work Act. Additionally, the court needed to determine if the terms of the agreement were in the best interests of the employees. The court considered the process of negotiation, the nature of the terms proposed, and whether there was adequate consultation and representation of the employees’ interests.

The court examined the negotiation process and found that there was a comprehensive and transparent process involving multiple meetings and the provision of detailed information to the AMWU. The court noted that the AMWU had the opportunity to consult with its members and provide input during the negotiation process. Regarding the terms of the agreement, the court concluded that they were reasonable and in the best interests of the employees, taking into account the need to adapt to technological changes and maintain a competitive and sustainable workplace. The court was satisfied that the agreement balanced the interests of both employers and employees.

The court granted the application for approval of the agreement, finding that it had been fairly and reasonably negotiated and contained terms that were in the best interests of the employees. The court's decision recognised the need for modernising workplace arrangements in response to technological advancements while ensuring that employees' rights and interests were protected.

Nationwide Newspapers Pty Ltd 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