Polaris Media trading as The Australian Jewish News

[2014] FWCA 5222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media trading as The Australian Jewish News
(AG2014/6950)

AUSTRALIAN JEWISH NEWS JOURNALISTS ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CRIBB	MELBOURNE, 1 AUGUST 2014

Application for approval of the Australian Jewish News Journalists Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Jewish News Journalists Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Polaris Media trading as 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 August 2014 and, in accordance with s.54 of the Act, will operate from 8 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polaris Media trading as The Australian Jewish News applied to the Fair Work Commission for approval of the Australian Jewish News Journalists Enterprise Agreement 2014. The application was opposed by a number of unions and individual employees. The unions and employees contended that the agreement was invalid because it had not been properly negotiated and that the proposed agreement failed to meet the requirements of the Fair Work Act. The central issue before the Commission was whether the agreement had been genuinely negotiated and whether it met the requirements of the Act. The Commission found that the agreement had been genuinely negotiated and was in compliance with the Act. The Commission rejected the arguments of the unions and employees that the agreement was invalid or failed to meet the requirements of the Act. The Commission approved the Australian Jewish News Journalists Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established