Polaris Media Pty Ltd T/A The Australian Jewish News

[2014] FWCA 1469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media Pty Ltd T/A The Australian Jewish News
(AG2014/356)

POLARIS MEDIA PTY LTD TRADING AS THE AUSTRALIAN JEWISH NEWS GRAPHICS PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 28 FEBRUARY 2014

Application for approval of the Polaris Media Pty Ltd trading as The Australian Jewish News Graphics Production Employees Enterprise Agreement 2013.

[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 2013 (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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 28 February 2014 and, in accordance with s.54 of the Act, will operate from 7 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polaris Media Pty Ltd, trading as The Australian Jewish News, applied to the Fair Work Commission for the approval of their Graphics Production Employees Enterprise Agreement 2013. The application followed the conclusion of a bargaining process under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it contained all the necessary terms and conditions as stipulated by the Fair Work Act.

The Commission examined the application under the Fair Work Act 2009, focusing on the mandatory provisions and the Good Faith Bargaining requirements. The primary concern was whether the agreement met the legal standards for approval, including whether it provided for minimum wages and conditions, and if it contained all the necessary terms as per the Act. Additionally, the Commission assessed if the agreement was made in good faith and whether it contained all the terms and conditions required by the legislation.

In delivering its decision, the Commission found that the agreement met all the statutory requirements and contained the necessary terms and conditions. The Commission confirmed that the agreement was made in good faith and contained all the mandatory provisions as required by the Fair Work Act. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework.

The Fair Work Commission approved the Graphics Production Employees Enterprise Agreement 2013, determining that it complied with the statutory requirements and was made in good faith. The agreement was thus certified as meeting all necessary terms and conditions under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established