DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Newcastle Newspapers Pty Ltd
(AG2015/2160)

NEWCASTLE HERALD CLERICAL ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 APRIL 2015

Application for approval of the Newcastle Herald Clerical, Administrative and Support Services Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Herald Clerical, Administrative and Support Services Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Newcastle Newspapers Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Newcastle Newspapers Pty Ltd, the publisher of the Newcastle Herald, to the Fair Work Commission for approval of the Newcastle Herald Clerical, Administrative and Support Services Collective Agreement 2015. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, to allow the agreement to have legal effect as a registered agreement. The legal issues before the commission were whether the agreement was made in good faith and whether it complied with the provisions of the Act, including the process for bargaining and the requirements for registration. The commission found that the agreement was made in good faith and that it complied with the Act. The commission noted that the process for bargaining was followed and that the agreement contained all the necessary provisions required for registration. The commission also found that the agreement did not contain any provisions that were contrary to public policy or that would undermine the protections provided by the Act. The outcome of the case was that the commission approved the agreement and registered it as a registered agreement. The agreement will now have legal effect and will apply to the employees covered by the agreement. The approval of the agreement is an important step in ensuring that the employees of the Newcastle Herald have a fair and effective workplace agreement that protects their rights and interests.

Newcastle Newspapers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established