Pacific Magazines Pty Limited

[2014] FWCA 1451

FAIR WORK COMMISSION

DECISION

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

Pacific Magazines Pty Limited
(AG2014/3634)

JOURNALISTS (PACIFIC MAGAZINES) AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 28 FEBRUARY 2014

Application for approval of the Journalists (Pacific Magazines) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Pacific Magazines) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Magazines Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 7 February 2014. The application included a Statutory Declaration of Davanh Inthachanh made on behalf of the Employer and dated 7 February 2014 (the Declaration). The Declaration stated that the Agreement was made on 1 February 2014. 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 28 February 2014. I note that the file has included a Statutory Declaration of Matthew Chesher made on behalf of the Media Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 10.

[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 MEAA, 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 MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 7 March 2014. The nominal expiry date of the Agreement as specified in clause 7 of the Agreement, is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Pacific Magazines Pty Limited for approval of the Journalists (Pacific Magazines) Agreement 2014. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for being a lawful agreement and if it was fair and reasonable in terms of its provisions. The agreement in question was a proposed enterprise agreement between Pacific Magazines and the journalists employed by the company.

The legal issues that the Commission was required to address included whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act, specifically the necessity of independent bargaining, the coverage of the agreement, and its fairness in terms of the provisions. The Commission also had to consider whether the agreement was free from any prohibited content, such as discriminatory provisions or those that would undermine the ability of employees to exercise their rights under the Act.

In delivering its decision, the Commission carefully examined the procedural fairness of the bargaining process and the content of the proposed agreement. The Commission found that the bargaining process was conducted independently and in good faith, and that the proposed agreement did not contain any terms that were contrary to the public interest or discriminatory. After considering the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable. The Commission was satisfied that it complied with all the legal requirements and did not undermine the rights of employees. The Commission approved the agreement, allowing it to be registered and thus enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established