Newcastle Newspapers Pty Ltd Summary

[2018] FWCA 4992

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Newcastle Newspapers Pty Ltd

(AG2018/1551)

Newcastle Herald, Clerical, Administration and Support Services Collective Agreement 2018

Clerical industry
Deputy President Kovacic	CANBERRA, 28 August 2018

Application for approval of the Newcastle Herald, Clerical, Administration and Support Services Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Newcastle Herald, Clerical, Administration and Support Services Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Newspapers Pty Ltd. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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 Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Newcastle Newspapers Pty Ltd sought approval of the Newcastle Herald, Clerical, Administration and Support Services Collective Agreement 2018 in the Fair Work Commission. The applicant and the union representing the employees had negotiated the agreement, which aimed to regulate the terms and conditions of employment for the clerical, administration, and support services staff of the applicant.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining and if it contained all the mandatory terms prescribed by the regulations.

The Commission found that the agreement was made in good faith and contained all the mandatory terms required by the regulations. The Commission also considered the nature of the bargaining process, the parties' conduct, and the content of the agreement. The Commission was satisfied that the agreement was fair and reasonable and met the statutory requirements for approval.

The Fair Work Commission approved the Newcastle Herald, Clerical, Administration and Support Services Collective Agreement 2018. The Commission determined that the agreement was fair and reasonable, met the statutory requirements, and was in the best interests of the employees. The Commission also noted that the agreement provided for appropriate protections for employees and reflected the economic circumstances of the parties.

Newcastle Newspapers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established