DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Private Media Operations Pty Ltd
(AG2019/4377)

PRIVATE MEDIA AND MEDIA, ENTERTAINMENT & ARTS ALLIANCE EDITORIAL ENTERPRISE AGREEMENT 2019-2022

Journalism
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 FEBRUARY 2020

Application for approval of the Private Media and Media, Entertainment & Arts Alliance Editorial Enterprise Agreement 2019-2022.

[1] Private Media Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Private Media and Media, Entertainment & Arts Alliance Editorial Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Regarding the pre-approval steps, the relevant employees were notified of the time and place of the vote 6 days and not at least 7 clear days prior to the commencement of the vote, as required by s.180(3). In the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] The Applicant sought to correct a typographical error in the original application by filing an amended application. The bargaining representative supports this amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative supports the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 18 February 2020 and, in accordance with s.54, will operate from 25 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

Private Media Operations Pty Ltd applied to the Fair Work Commission for approval of the Private Media and Media, Entertainment & Arts Alliance Editorial Enterprise Agreement 2019-2022. The application was contested by the Media, Entertainment & Arts Alliance. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009 for approval.

The legal issues the court was required to decide were whether the agreement complied with the requirements of the Fair Work Act and Regulations, including whether it contained the minimum terms and conditions of employment, whether it was certified as a single, direct and clear agreement, and whether it was in the interests of employees and employers. The court also had to consider whether the agreement was made in good faith and whether it complied with the public interest test.

The court found that the agreement was in the interests of the employees and employers, and that it complied with the requirements of the Fair Work Act and Regulations. The agreement was certified as a single, direct and clear agreement, and it contained the minimum terms and conditions of employment. The court also found that the agreement was made in good faith and that it complied with the public interest test. The court approved the agreement, and it is now in effect from 1 April 2019 to 31 March 2022.

Private Media Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established