DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media Pty Ltd T/A The Australian Jewish News
(AG2019/3737)

AUSTRALIAN JEWISH NEWS JOURNALISTS ENTERPRISE AGREEMENT 2019

Journalism
COMMISSIONER YILMAZ	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Australian Jewish News Journalists Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Jewish News Journalists Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polaris Media Pty Ltd T/A The Australian Jewish News. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 20 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polaris Media Pty Ltd T/A The Australian Jewish News applied to the Fair Work Commission for approval of the Australian Jewish News Journalists Enterprise Agreement 2019. The application was made by the employer and the union. The nature of the dispute involved the terms and conditions of employment for journalists working for the newspaper, specifically concerning their classification, pay rates, and other employment conditions. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed enterprise agreement appropriately balanced the interests of the employees and the employer and whether it complied with the relevant legislative framework. This included assessing the agreement's conformity with the Fair Work Act 2009, particularly in relation to the protections afforded to employees and the requirements for good faith bargaining. The Commission also considered whether the agreement was fair and reasonable in all its aspects, taking into account the interests of both parties and the broader community.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, and approved it. The Commission considered that the agreement appropriately balanced the interests of both the employer and the employees, and was consistent with the principles of the Fair Work Act. The Commission noted that the agreement provided for appropriate classification and pay rates for the journalists, along with other employment conditions that were fair and reasonable. The Commission was satisfied that the agreement was the product of genuine attempts at conciliation and good faith bargaining, and that it met the statutory requirements for approval.

The Fair Work Commission approved the Australian Jewish News Journalists Enterprise Agreement 2019, effective from 1 July 2019. The Commission's decision was based on the finding that the agreement was fair and reasonable in all its aspects, and complied with the relevant legislative framework. The approved agreement will now govern the terms and conditions of employment for journalists working for the newspaper.

Polaris Media Pty Ltd T/A The Australian Jewish News

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established