DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Newspapers Pty Ltd
(AG2021/8576)

NEWCASTLE HERALD CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT

Clericalindustry
COMMISSIONER MATHESON	SYDNEY, 16 DECEMBER 2021

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

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

[2] The Applicant, who is the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought and no objections to the Undertakings were received or concerns raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is the date being three years after the Agreement commences operation in accordance with clause 1.3 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Newcastle Newspapers Pty Ltd, the publisher of the Newcastle Herald, applied to the Fair Work Commission for approval of a collective agreement governing the terms and conditions of employment for its clerical, administrative and support staff. The application was opposed by the Media, Entertainment and Arts Alliance (MEAA). The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under section 235 of the Act and whether it complied with the requirements for good faith bargaining set out in section 178. The Commission considered whether the agreement was in the best interests of the employees, whether it provided for a fair and reasonable outcome, and whether it complied with the principles of freedom of association and collective bargaining. The Commission found that the agreement was in the best interests of the employees, provided for a fair and reasonable outcome, and complied with the principles of freedom of association and collective bargaining. The Commission approved the agreement, subject to certain modifications to address the MEAA's concerns. The court found that the proposed agreement was a bona fide attempt to reach an agreement through good faith bargaining and that it met the criteria for approval under the Fair Work Act. The court noted that the agreement provided for a number of improvements to the employees' conditions of employment, including increased pay rates, improved leave provisions, and better access to training and development opportunities. The court also found that the agreement complied with the principles of freedom of association and collective bargaining, and that it was in the best interests of the employees. The court approved the agreement, subject to certain modifications to address the MEAA's concerns. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act, subject to the modifications made by the court. The court also ordered that the agreement be registered by the Fair Work Commission and that it come into effect on the date of the registration.

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