Newsprinters Pty Ltd T/A Mcpherson Media Group

[2024] FWCA 3120

[2024] FWCA 3120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newsprinters Pty Ltd T/A Mcpherson Media Group

(AG2024/2907)

MCPHERSON MEDIA GROUP PRINTING EMPLOYEES ENTERPRISE AGREEMENT 2024

Graphic Arts
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 AUGUST 2024

Application for approval of the McPherson Media Group Printing Employees Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the McPherson Media Group Printing Employees Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Newsprinters Pty Ltd T/A Mcpherson Media Group (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES. I observe that the following clauses are likely to be inconsistent with the NES.

·   Personal/Carers leave – notice requirements: Clause 7.2(d)(i) of the Agreement states that in order to access personal leave an employee must notify the company at a reasonable time prior to the starting time on the day of their inability to attend for work. This appears to be inconsistent with s 107(2)(a) of the Act which provides that notice must be given to the employer as soon as practicable (which may be a time after the leave has started). 

·   Compassionate leave: The entitlement to compassionate leave provided by clause 7.3 of the Agreement does not appear to be triggered after the stillbirth of a child of an employee or a member of an employee’s immediate family or household as per s 105(1)(b) of the Act, or after an employee or an employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act. 

·   Notice of termination: Clause 4.6(a)(vi) of the Agreement excludes apprentices from the entitlement to notice of termination. This appears to be inconsistent with the Act as apprentices are entitled to notice of termination under ss 117–123 of the Act. 

·   Withholding of NES entitlements:Clause 4.6(b)(ii) of the Agreement provides that if the employee does not provide the required notice of termination, the employer may withhold monies due to the employee on termination. This may restrict an employee’s entitlement to payment of NES entitlements upon termination of employment. However, I note that the clause does provide that this is “Subject to the financial obligations imposed on a Company by any Act”.

·   Abandonment of Employment: Clause 4.8 of the Agreement sets out circumstances where an employee is deemed to have abandoned their employment but does not specify that an employee is entitled to payment of notice of termination in those circumstances. Further, clause 4.8(c) provides that the termination shall operate from the last attendance at work or the last day of absence where leave was granted, or the date of the last absence where notification was given to the Company, whichever is later. These two clauses do not appear to be in accordance with ss 117–123 of the Act.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 3 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525925  PR778676>

Annexure A