Regional Publishers Pty Ltd

[2022] FWCA 3297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Publishers Pty Ltd

(AG2022/3761)

Journalists’ Country Non-Daily Newspapers Enterprise Agreement

Journalism
DEPUTY PRESIDENT DEAN	CANBERRA, 21 SEPTEMBER 2022

Application for approval of the Journalists’ Country Non-Daily Newspapers Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as Journalists’ Country Non-Daily Newspapers Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Publishers Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, 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.
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 28 September 2022. The nominal expiry date of the Agreement is 28 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Publishers Pty Ltd applied to the Fair Work Commission for approval of the Journalists’ Country Non-Daily Newspapers Enterprise Agreement. The application followed an agreement between the employer and the Australian Journalists’ Association that would govern the terms and conditions of employment for journalists working for country non-daily newspapers. The application was opposed by the Rural Press Association of Australia, which argued that the agreement was not in the best interests of the employers.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employers, taking into account the overall economic and social context, and if it would facilitate improved productivity in the workplace. The opposition raised concerns that the agreement might not adequately balance the interests of both employers and employees.

In its decision, the Commission found that the agreement was in the best interests of the employers. It noted that the agreement would contribute to improved productivity and facilitate better industrial relations between the parties. The Commission also considered the economic and social context, concluding that the agreement was fair and reasonable. The opposition’s concerns were addressed and alleviated, as the agreement included provisions that aligned with the interests of both employers and employees.

The Fair Work Commission approved the Journalists’ Country Non-Daily Newspapers Enterprise Agreement, finding it to be in the best interests of the employers and conducive to improved workplace productivity. The Commission’s decision was based on a careful consideration of the economic and social context and the balance of interests between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established