Regional Publishers Pty Ltd

[2023] FWCA 2430

[2023] FWCA 2430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Regional Publishers Pty Ltd

(AG2023/2516)

JOURNALISTS’ COMMUNITY NEWSPAPERS SYDNEY GROUP ENTERPRISE AGREEMENT

Journalism
DEPUTY PRESIDENT WRIGHT	SYDNEY, 3 AUGUST 2023

Application for approval of the Journalists’ Community Newspapers Sydney Group Enterprise Agreement

Introduction

1. Regional Publishers Pty Ltd and ACM – Community Newspapers Pty Ltd (the Employers) have made an application for approval of an enterprise agreement known as the Journalists’ Community Newspapers Sydney Group Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 13 July 2023.

Single interest employers

1. The Employers provided submissions that they are single interest employers in accordance with s.172(2) and (5A) of the Act.

1. On the basis of the Employers’ submissions, I am satisfied that the requirements of s.172(2) and (5A) have been met and the Employers can be covered under a single enterprise agreement as single interest employers.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the MEAA.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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