DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penguin Random House Australia Pty Ltd
(AG2019/3677)

PENGUIN RANDOM HOUSE AUSTRALIA AND MEDIA, ENTERTAINMENT AND ARTS ALLIANCE PUBLISHING ENTERPRISE AGREEMENT 2019-2022

Publishing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penguin Random House Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 17 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Penguin Random House Australia Pty Ltd applied to the Fair Work Commission for the approval of the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2019-2022. The Media, Entertainment and Arts Alliance opposed the application. The dispute before the Commission concerned whether the proposed enterprise agreement contained appropriate pay and conditions for employees, particularly in relation to the transition from paper to digital formats. The key legal issues were whether the agreement provided for fair and reasonable pay and conditions, and if it met the statutory requirements under the Fair Work Act 2009.

The Commission examined the evidence provided by both parties, including submissions on the economic context, industry standards, and the impact of digitalisation on the publishing industry. The Commission found that the proposed agreement provided for fair and reasonable pay and conditions, taking into account the current economic climate and the unique challenges faced by the publishing industry. The Commission also noted that the agreement provided for appropriate protections for employees during the transition to digital formats, including training and support for affected employees. As such, the Commission approved the proposed enterprise agreement.

The Commission made an order approving the Penguin Random House Australia and Media, Entertainment and Arts Alliance Publishing Enterprise Agreement 2019-2022, with the approval to commence on the date of the Commission's decision and remain in effect until 30 June 2022, unless terminated earlier in accordance with the agreement. The order also provided for the agreement to be registered with the Fair Work Commission and published on the Commission's website.

Penguin Random House Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established