Queensland Newspapers Pty Ltd Summary

[2014] FWCA 449

FAIR WORK COMMISSION

DECISION

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

Queensland Newspapers Pty Ltd
(AG2013/12821)

QUEENSLAND NEWSPAPERS PTY LTD ELECTRICAL DEPARTMENT CEPU ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 17 JANUARY 2014

Application for approval of the Queensland Newspapers Pty Ltd Electrical Department CEPU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Newspapers Pty Ltd Electrical Department CEPU 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 Queensland Newspapers Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 December 2013. The application included a Statutory Declaration of Daryl Makins made on behalf of the Employer and dated 20 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 19 December 2013. 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 17 January 2014. I note that the file has included a Statutory Declaration of Peter Simpson made on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 33 and a consultation term at clause 34.

[6] 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.

[7] The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act, I note that the Agreement covers the CEPU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 24 January 2014. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 30 September 2016.

COMMISSIONER

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The case of Queensland Newspapers Pty Ltd involved an application for the approval of the Queensland Newspapers Pty Ltd Electrical Department CEPU Enterprise Agreement 2013. The applicant, Queensland Newspapers, sought to have this enterprise agreement ratified by the Fair Work Commission. The dispute arose from disagreements over the terms of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was fairly negotiated and whether it complied with the Good Faith Bargaining provisions. The court also needed to assess whether the agreement contained terms that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and complied with the statutory requirements. The commission noted that the agreement contained terms that were in line with the Fair Work Act and did not contravene any public policy. The commission concluded that the agreement was consistent with the principles of good faith bargaining and met all necessary criteria for approval. As such, the commission approved the Queensland Newspapers Pty Ltd Electrical Department CEPU Enterprise Agreement 2013.

Queensland Newspapers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established