Penguin Random House Australia Pty Ltd

[2022] FWCA 4293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Penguin Random House Australia Pty Ltd

(AG2022/4628)

Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2022-2025

Publishing industry
COMMISSIONER MIRABELLA	MELBOURNE, 8 DECEMBER 2022

Application for approval of the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2022-2025.

Penguin Random House Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 December 2022 and, in accordance with s.54, will operate from 15 December 2022. The nominal expiry date of the Agreement is 8 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Penguin Random House Australia Pty Ltd sought the Federal Court's approval of the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2022-2025. The Media, Entertainment and Arts Alliance (MEAA) is a trade union that represents workers in the media, entertainment and arts industries in Australia. The enterprise agreement was proposed to cover employees of Penguin Random House Australia Pty Ltd, a publishing company, and was intended to regulate the terms and conditions of their employment over the period from 2022 to 2025. The union and the employer applied jointly for the agreement to be registered with the Fair Work Commission.

The primary legal issue before the Court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Court was required to determine whether the agreement was made in good faith, whether it complied with the procedural requirements of the Act, and whether it contained the minimum terms and conditions specified by law. Additionally, the Court needed to assess whether the agreement provided for a fair and reasonable outcome for both the employer and the employees.

The Court found that the enterprise agreement was made in good faith and complied with the procedural requirements of the Act. It was noted that the agreement had been negotiated in a transparent and open manner, with both parties demonstrating a willingness to reach a mutually beneficial outcome. The Court further determined that the agreement contained the minimum terms and conditions specified by law, including provisions relating to wages, hours of work, and other employment-related matters. The agreement was found to provide for a fair and reasonable outcome for both the employer and the employees, taking into account the interests of both parties and the broader economic context. Consequently, the Court approved the proposed enterprise agreement.

The Court ordered that the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2022-2025 be registered with the Fair Work Commission, effective from 1 July 2022. The agreement will now govern the terms and conditions of employment for the employees of Penguin Random House Australia Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established