DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newsprinters Pty Ltd
(AG2021/5406)

MCPHERSON MEDIA GROUP PRINTING EMPLOYEES ENTERPRISE AGREEMENT 2021

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2021

Application for approval of the McPherson Media Group Printing Employees Enterprise Agreement 2021.

[1] Newsprinters Pty Ltd has made an application for approval of an enterprise agreement known as the McPherson Media Group Printing Employees Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Agreement was approved on 17 June 2021 and, in accordance with s 54, will operate from 1 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the McPherson Media Group Printing Employees Enterprise Agreement 2021. The applicant, Newsprinters Pty Ltd, sought approval of the agreement from the Fair Work Commission. The respondents, represented by the Media, Entertainment and Arts Alliance, contested the application on the basis that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Court was whether the enterprise agreement complied with the statutory requirements for approval under section 232 of the Fair Work Act. The respondents argued that the agreement failed to meet the 'no disadvantage' test, as it provided for terms and conditions that were less favourable than the applicable awards. They contended that the agreement's provisions for reduced notice periods for termination of employment and reduced redundancy entitlements constituted a disadvantage to employees.

In determining the matter, the Court examined the terms of the agreement and the relevant legislative provisions. The Court noted that the agreement contained provisions that were less favourable than the applicable awards, including reduced notice periods for termination of employment and reduced redundancy entitlements. However, the Court found that these provisions were not contrary to the 'no disadvantage' test, as they were not the result of a genuine agreement between the parties. The Court held that the agreement did not constitute a disadvantage to employees, as the reduced terms and conditions were not the result of a genuine agreement between the parties but were instead the result of a power imbalance between the employer and the employees. The Court approved the enterprise agreement, finding that it met the requirements for approval under the Fair Work Act.

The Court's decision was based on its finding that the agreement did not constitute a disadvantage to employees, as the reduced terms and conditions were not the result of a genuine agreement between the parties but were instead the result of a power imbalance between the employer and the employees. The Court held that the agreement met the requirements for approval under section 232 of the Fair Work Act and approved the enterprise agreement.

Newsprinters 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