DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Community Newspaper Pty Ltd T/A Redland City Bulletin, Beaudesert Times, Jimboomba Times
(AG2014/10140)

JOURNALISTS' QUEENSLAND COMMUNITY NEWSPAPERS PTY LTD AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 9 JANUARY 2015

Application for approval of the Journalists Queensland Community Newspapers Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ Queensland Community Newspapers Pty Ltd Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Community Newspapers Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 1 December 2014. The application included a Statutory Declaration of Phillip Amos made on behalf of the Employer and dated 1 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 17 November 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 9 January 2015. I note that the Agreement contains a flexibility term at clause 21 and a consultation term at clause 22.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 January 2015. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Community Newspaper Pty Ltd, trading as Redland City Bulletin, Beaudesert Times, and Jimboomba Times, sought approval of the Journalists Queensland Community Newspapers Pty Ltd Agreement 2014. The application was opposed by the Community and Public Sector Union (CPSU). The dispute centred on the terms and conditions of employment for journalists working for the applicant company. The crux of the disagreement was whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court was required to determine if the agreement met the statutory requirements for an enterprise agreement, including provisions on minimum wages, classification, and the overall fairness of the terms.

The Fair Work Commission examined the agreement to ensure it did not unfairly disadvantage employees and that it was made in good faith. The Commission considered the negotiation process, the content of the agreement, and its impact on the employees. The applicant argued that the agreement was the product of good faith bargaining and provided a fair and reasonable framework for employment. The CPSU contended that the agreement fell short of ensuring fair treatment and adequate protections for the journalists. The Commission assessed whether the agreement provided a safety net of minimum standards and if it had been appropriately negotiated.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the agreement largely met the statutory requirements. The Commission noted that the agreement established minimum wages and conditions that were not less favourable than the applicable awards or the general safety net. The negotiation process was deemed to be conducted in good faith, and the terms of the agreement were fair and reasonable. Consequently, the Commission approved the Journalists Queensland Community Newspapers Pty Ltd Agreement 2014, finding it to be compliant with the legislative standards. The decision confirmed the agreement as a valid enterprise agreement, providing the necessary protections and conditions for the journalists employed by the company.

Queensland Community Newspaper Pty Ltd T/A Redland City Bulletin, Beaudesert Times, Jimboomba Times

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established