Pacific Magazines Pty Limited T/A Pacific Magazines Summary

[2019] FWCA 6862

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Pacific Magazines Pty Limited T/A Pacific Magazines

(AG2019/3314)

Journalists (Pacific) Enterprise Agreement 2019

Journalism
Deputy President Masson	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Journalists (Pacific) Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Journalists (Pacific) Enterprise Agreement 2019 (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 T/A Pacific Magazines. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Media, Entertainment and Arts Alliance (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 3 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific Magazines Pty Limited, trading as Pacific Magazines, applied to the Fair Work Commission for approval of the Journalists (Pacific) Enterprise Agreement 2019. The respondents, a group of journalists employed by the company, opposed the application. The primary dispute centred on whether the proposed agreement adequately protected the rights and interests of the employees in accordance with the Fair Work Act 2009.

The legal issues before the court involved the examination of the agreement's compliance with the requirements of the Act, including provisions relating to minimum wages, classification, and the rights of employees to bargain collectively. Additionally, the court had to determine whether the agreement met the standards for "direct" and "indirect" awards and whether it contained provisions that were contrary to the public interest.

The Fair Work Commission considered the submissions from both parties and assessed the proposed agreement against the statutory framework. The Commission found that the agreement generally met the necessary standards and did not contravene any provisions of the Act. It concluded that the agreement provided fair terms and conditions for the employees while allowing the employer to maintain operational flexibility. Consequently, the Commission approved the Journalists (Pacific) Enterprise Agreement 2019, subject to the terms and conditions outlined in the agreement.

The final orders included the approval of the enterprise agreement, effective from the date of the decision, with specific provisions regarding the implementation and operation of the agreement. The respondents' objections were dismissed, and the agreement was authorised to operate as a registered agreement under the Fair Work Act.

Pacific Magazines Pty Limited T/A Pacific Magazines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established