DECISION

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

North Queensland Newspaper Company Pty Limited, The
(AG2015/5889)

NORTH QUEENSLAND NEWSPAPER COMPANY PTY LIMITED PRODUCTION WORKPLACE AGREEMENT 2015

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 16 NOVEMBER 2015

Application for approval of the North Queensland Newspaper Company Pty Limited Production Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the North Queensland Newspaper Company Pty Limited Production Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The North Queensland Newspaper Company Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 14 October 2015. The application included a Statutory Declaration of Daryl Makins made on behalf of the Employer and dated 14 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 2 October 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 November 2015. I note that the file has included a Statutory Declaration of Rohan Webb made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 16 and a consultation term at clause 15.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 November 2015. The nominal expiry date of the Agreement as specified in clause 3.2.2 of the Agreement, is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The North Queensland Newspaper Company Pty Limited was the subject of an application for the approval of a production workplace agreement by the Fair Work Commission. The applicant, being the employer, sought to have the agreement recognised and enforced in the industrial relations context. The dispute centred around the terms and conditions laid out in the proposed agreement and whether it complied with the relevant industrial legislation.

The legal issues that the court had to address included whether the agreement provided for a fair and equitable balance between the rights and obligations of the employer and employees. It was also necessary to determine if the agreement met the statutory requirements for approval, such as ensuring that it provided for minimum terms and conditions that were no less favourable than those set out in the relevant awards or registered agreements. Further, the court had to consider if the agreement had been genuinely negotiated between the parties and if it complied with the procedural fairness requirements.

The court examined the content of the agreement and found that it provided for a fair and equitable balance of rights and obligations. It was also determined that the agreement met all the statutory requirements for approval, including providing for minimum terms and conditions that were no less favourable than those in the relevant awards or registered agreements. The court found that the agreement had been genuinely negotiated between the parties and complied with procedural fairness requirements. Based on these findings, the court approved the agreement, and it was recognised and enforceable in the industrial relations context.

No further orders were made by the court in this matter.

North Queensland Newspaper Company Pty Limited, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established