North Queensland Newspaper Company Limited, The

[2013] FWCA 3692

FAIR WORK COMMISSION

DECISION

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

North Queensland Newspaper Company Limited, The
(AG2013/6796)

NORTH QUEENSLAND NEWSPAPER COMPANY LIMITED PRODUCTION WORKPLACE AGREEMENT 2013

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 JUNE 2013

Application for approval of the North Queensland Newspaper Company Limited Production Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the North Queensland Newspaper Company Limited Production Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The North Queensland Newspaper Company Limited (NQNC) applied for approval of its Production Workplace Agreement 2013 (the Agreement). The Fair Work Commission (the Commission) considered the application. The application was brought pursuant to section 186 of the Fair Work Act 2009, which provides that the Commission must approve an agreement if it is satisfied that the agreement complies with the requirements of the Act. The Australian Council of Trade Unions and the Communications, Electrical, Electronic, Media, Entertainment, Performing Arts, Motion Picture, and Telecommunications Union (CEBA and CEPU) opposed the application. They argued that the Agreement was not a "direct bargain" and was not made in good faith.

The central legal issues in this case were whether the Agreement was a "direct bargain" and whether it was made in good faith. The CEBA and CEPU argued that the Agreement was not a direct bargain because it was a modified version of a previous agreement, and it was made in bad faith because the employer had not engaged in genuine bargaining. The Commission found that the Agreement was a direct bargain and had been made in good faith. It found that the modifications to the previous agreement were not significant enough to prevent the Agreement from being a direct bargain. The Commission also found that the employer had engaged in genuine bargaining, despite the union's concerns.

The Commission held that the Agreement was a direct bargain and had been made in good faith. It found that the modifications to the previous agreement were not significant enough to prevent the Agreement from being a direct bargain. The Commission also found that the employer had engaged in genuine bargaining, despite the union's concerns. The Commission found that the employer had made a genuine effort to bargain with the union, and that the union had not raised any concerns about the bargaining process until after the Agreement had been signed. The Commission held that the Agreement complied with the requirements of the Act and approved it.

The Commission approved the North Queensland Newspaper Company Limited Production Workplace Agreement 2013. It found that the Agreement was a direct bargain and had been made in good faith. The modifications to the previous agreement were not significant enough to prevent the Agreement from being a direct bargain. The employer had engaged in genuine bargaining, despite the union's concerns. The Agreement complied with the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established