Pagemasters Pty Limited Summary

[2013] FWCA 3964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pagemasters Pty Limited
(AG2013/1387)

PAGEMASTERS PTY LIMITED (SUB-EDITORS AND GRAPHIC DESIGNERS) ENTERPRISE AGREEMENT 2013

Journalism
COMMISSIONER ROBERTS	SYDNEY, 21 JUNE 2013

Application for approval of the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pagemasters Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date will be 27 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pagemasters Pty Limited recently brought an application before the Fair Work Commission for the approval of the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2013. The application concerned the validity and enforceability of the enterprise agreement and its compliance with the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement had been made in accordance with the statutory requirements outlined in the Fair Work Act. Key points of contention included whether the agreement was genuinely negotiated between the employer and the relevant employee representatives, whether it met the disclosure obligations, and if it contained all the necessary minimum terms and conditions stipulated by the Act.

The Fair Work Commission examined the evidence and submissions provided by both parties. It considered the process through which the agreement was negotiated, the documentation of the negotiations, and the compliance with disclosure requirements. After a thorough review, the Commission found that the enterprise agreement had been made in accordance with the relevant provisions of the Act. It concluded that the agreement was genuinely negotiated, met all disclosure obligations, and contained all necessary minimum terms and conditions. Consequently, the Commission approved the enterprise agreement.

In light of the approval, the Fair Work Commission ordered that the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2013 be registered and enforceable under the Fair Work Act. The decision provides clarity and legal enforceability to the terms of the enterprise agreement between the parties involved.

Pagemasters Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established