DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media Pty Ltd T/A The Australian Jewish News
(AG2016/3884)

POLARIS MEDIA PTY LTD TRADING AS THE AUSTRALIAN JEWISH NEWS GRAPHICS PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Polaris Media Pty Ltd trading as The Australian Jewish News Graphics Production Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Polaris Media Pty Ltd trading as The Australian Jewish News Graphics Production Employees Enterprise Agreement 2016 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 15 September 2016. 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, applied for the approval of the Graphics Production Employees Enterprise Agreement 2016, with the Fair Work Commission (FWC). The primary dispute was whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The case was brought before the FWC to determine the fairness and validity of the proposed agreement.

The legal issues before the FWC included assessing whether the agreement provided minimum entitlements consistent with the National Employment Standards and whether it included appropriate mechanisms for resolving disputes. Additionally, the FWC had to consider if the agreement was made in good faith and if it allowed for fair and effective representation of employees. The court needed to examine if the terms and conditions of the agreement were consistent with the principles of the Fair Work Act, including whether they provided for adequate minimum rates of pay, leave entitlements, and other employment conditions.

In reaching its decision, the FWC considered the submissions from both Polaris Media and the union representing the employees. The FWC examined the proposed agreement's provisions, ensuring they complied with the statutory minimum standards and did not undermine the rights of employees. After reviewing the evidence and submissions, the FWC found that the agreement met the necessary requirements under the Fair Work Act, providing adequate protections and terms for the employees. Consequently, the FWC approved the agreement, finding it to be fair and consistent with the legislative framework.

The final orders of the FWC were to approve the Graphics Production Employees Enterprise Agreement 2016, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Polaris Media and the employees covered by the agreement. The decision provided clarity and certainty for both parties, ensuring compliance with the Fair Work Act.

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