DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media Pty Ltd T/A The Australian Jewish News
(AG2017/6458)

AUSTRALIAN JEWISH NEWS JOURNALISTS ENTERPRISE AGREEMENT 2017

Publishing industry
COMMISSIONER JOHNS	SYDNEY, 16 APRIL 2018

Application for approval of the Australian Jewish News Journalists Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Jewish News Journalists 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 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 as are relevant to this application for approval have 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 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 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polaris Media Pty Ltd, trading as The Australian Jewish News, brought an application before the Fair Work Commission for the approval of the Australian Jewish News Journalists Enterprise Agreement 2017. The agreement was aimed at regulating the terms and conditions of employment for journalists working for the respondent. The application was opposed by the Media, Entertainment and Arts Alliance (MEAA). The central dispute focused on the classification of the journalists' roles and the associated pay rates, alongside other employment conditions such as hours of work and leave entitlements.

The legal issues before the commission encompassed whether the agreement appropriately classified the journalists under the Fair Work Act 2009, ensuring that the terms provided were fair and balanced. The MEAA argued that certain roles were misclassified, leading to underpayment of the journalists. The commission had to consider the definitions and criteria for job classifications as well as the overall fairness of the agreement in the context of the Act.

The Fair Work Commission determined that the classification of the journalists was accurate and that the terms of the agreement were fair and reasonable. The commission took into account the specific duties of the journalists, the industry standards, and the overall context of the agreement. It concluded that the agreement met the legislative requirements and did not disadvantage the employees. Therefore, the application was successful, and the agreement was approved.

The commission issued an order approving the Australian Jewish News Journalists Enterprise Agreement 2017, effective from the date of the decision. This approval allows the agreement to be implemented, governing the employment conditions for the journalists at the respondent.

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