Regional Publishers Pty Ltd

[2015] FWCA 5682

[2015] FWCA 5682

FAIR WORK COMMISSION

DECISION

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

Regional Publishers Pty Ltd
(AG2015/3924)

JOURNALISTS' (BLUE MOUNTAINS GAZETTE) ENTERPRISE AGREEMENT 2015 - TRANSITIONAL

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 18 AUGUST 2015

Application for approval of the Journalists' (Blue Mountains Gazette) Enterprise Agreement 2015 - Transitional.

[1] An application has been made for approval of an enterprise agreement known as the Journalists’ (Blue Mountains Gazette) Enterprise Agreement 2015 - Transitional(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 (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 10 July 2015. The application included a Statutory Declaration of Sean Herger made on behalf of the Employer and dated 10 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 3 July 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] On 11 August 2015, verification was provided that a Statutory Declaration which had been filed in respect to the application had been made by a Katelin McInerney on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application. Further, a signed copy of the Agreement was also provided to the Fair Work Commission (the Commission) on 11 August 2015.

[4] Part 2-4 of the Act includes various procedural requirements that must be satisfied before 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.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 18 August 2015. I note that the file has included a Statutory Declaration which has been verified to be that of Katelin McInerney made on behalf of the MEAA, as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 2.1 and a consultation term at clause 2.3.

[7] 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.

[8] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 August 2015. The nominal expiry date of the Agreement as specified in clause 1.4 of the Agreement, is 30 November 2016.

COMMISSIONER

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