Private Media Operations Pty Ltd

[2022] FWCA 4417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Private Media Operations Pty Ltd

(AG2022/5101)

Private Media and Media, Entertainment & Arts Alliance Editorial Enterprise Agreement 2022

Journalism
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Private Media Operations Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2022. The applicant, Private Media Operations Pty Ltd, sought the approval of this agreement, which was negotiated with the Media, Entertainment and Arts Alliance. The dispute centred on whether the terms of the agreement were consistent with the objectives of the Fair Work Act 2009 and whether they provided fair and reasonable terms for both parties.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for appropriate mechanisms for the resolution of workplace disputes, if it contained terms that were fair and reasonable, and if it met the minimum entitlements set out in the Act. Additionally, the Commission considered whether the agreement adequately represented the interests of the employees and provided for their fair treatment and protection.

In delivering its decision, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement contained terms that were fair and reasonable and provided for appropriate mechanisms for dispute resolution. The Commission also noted that the agreement included provisions that went beyond the minimum entitlements required by the Act, indicating a commitment to fair treatment of employees. Based on these findings, the Commission approved the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2022.

The Commission's decision was based on a comprehensive analysis of the agreement's provisions and its alignment with the objectives of the Fair Work Act. The approval of the agreement ensures that both parties will benefit from a fair and reasonable framework for their employment relationship. The final orders of the Commission reflect its determination that the agreement meets all necessary legal criteria and is in the best interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established