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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Regional Publishers Pty Ltd and the employees covered by the Journalists' (Blue Mountains Gazette) Enterprise Agreement 2015. The dispute centred around the application for transitional approval of the agreement, which aimed to establish the terms and conditions of employment for the journalists employed by Regional Publishers. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for transitional approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to assess whether the agreement provided for a fair and equitable resolution of the matters covered by the agreement and whether it met the requirements for transitional approval. This involved examining the provisions of the agreement and determining if they aligned with the objectives of the Fair Work Act, including ensuring fair work practices and maintaining industrial peace.

The Fair Work Commission determined that the agreement met the necessary criteria for transitional approval. The Commission considered the provisions of the agreement, including the terms and conditions of employment, and concluded that they provided for a fair and equitable resolution of the matters covered by the agreement. The Commission also found that the agreement met the requirements for transitional approval under the Fair Work Act and the Fair Work Regulations. The Commission's decision was based on the evidence presented and the legal principles applicable to the case.

The Fair Work Commission granted the application for transitional approval of the Journalists' (Blue Mountains Gazette) Enterprise Agreement 2015. This decision ensures that the agreement will govern the terms and conditions of employment for the journalists employed by Regional Publishers until a new enterprise agreement is made or until the agreement is terminated or expires. The approval of the agreement provides certainty for both the employer and the employees, ensuring that the agreement remains in place while any further negotiations or disputes are resolved.

Regional Publishers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established