DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Magazines Pty Limited
(AG2016/3548)

JOURNALISTS (PACIFIC MAGAZINES) AGREEMENT 2016

Journalism
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Journalists (Pacific Magazines) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Pacific Magazines) Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Media, Entertainment and Arts Alliance 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific Magazines Pty Limited was the subject of an application for the approval of the Journalists (Pacific Magazines) Agreement 2016, which was heard in the Fair Work Commission. The dispute arose from a proposed enterprise agreement intended to regulate the terms and conditions of employment for journalists at Pacific Magazines. The Australian Journalists’ Association, representing the employees, sought the commission’s approval of the agreement under the Fair Work Act 2009. The primary legal issue for the commission was whether the proposed agreement met the statutory requirements for approval, including ensuring it provided a safety net for employees, was free from prohibited content, and was not contrary to the public interest.

The Fair Work Commission considered whether the agreement complied with the legal standards for enterprise agreements. It examined the agreement's provisions to determine if it provided adequate protections for employees, including minimum wages and conditions, and whether it contained any content that was prohibited by law. The commission also assessed if the agreement had any adverse effects on the public interest, considering factors such as the impact on the media industry and the broader economy. Upon review, the commission found that the agreement met the necessary criteria and did not contravene any legal requirements or public interest considerations.

Following its assessment, the Fair Work Commission approved the Journalists (Pacific Magazines) Agreement 2016, confirming that it complied with all statutory requirements. The commission concluded that the agreement provided a fair safety net for employees, contained no prohibited content, and did not pose any significant risks to the public interest. As a result, the agreement was approved, and its terms and conditions became binding on the parties involved.

Pacific Magazines Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established