DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pagemasters Pty Ltd T/A Pagemasters
(AG2017/6644)

PAGEMASTERS PTY LIMITED (SUB-EDITORS AND GRAPHIC DESIGNERS) ENTERPRISE AGREEMENT 2017

Journalism
COMMISSIONER WILSON	MELBOURNE, 11 MAY 2018

Application for approval of the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2017.

[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 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pagemasters Pty Limited T/A Pagemasters. 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 18 May 2018. The nominal expiry date of the Agreement is 18 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pagemasters Pty Ltd, trading as Pagemasters, sought approval of the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2017. The Fair Work Commission heard the matter, with the primary issue being whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were contrary to the public interest and whether it adequately protected the interests of employees.

The Fair Work Commission examined the provisions of the agreement, particularly those related to penalty rates and classification of employees. The Commission had to determine if the proposed changes to penalty rates and classifications were fair and reasonable, and whether they aligned with the principles of the Fair Work Act. Additionally, the Commission considered whether the agreement provided adequate safeguards for employees and maintained a fair balance of rights and obligations between the parties.

In its decision, the Fair Work Commission found that the proposed changes to penalty rates and employee classification were reasonable and did not contravene the public interest. The Commission determined that the agreement provided sufficient protections for employees and maintained a fair balance of rights and obligations. Consequently, the Fair Work Commission approved the enterprise agreement, deeming it to be in compliance with the Fair Work Act.

As a result of the approval, Pagemasters Pty Ltd was authorised to implement the Pagemasters Pty Limited (Sub-Editors and Graphic Designers) Enterprise Agreement 2017. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the terms of the agreement would govern their employment relationship going forward.

Pagemasters Pty Ltd T/A Pagemasters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established