Regional Publishers Pty Ltd

[2014] FWCA 610

[2014] FWCA 610

FAIR WORK COMMISSION

DECISION

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

Regional Publishers Pty Ltd
(AG2013/12777)

JOURNALISTS (REGIONAL DAILY NEWSPAPERS) COLLECTIVE AGREEMENT 2013

Publishing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 24 JANUARY 2014

Application for approval of the Journalists (Regional Daily Newspapers) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Regional Daily Newspapers) Collective 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 Regional Publishers 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 Phillip James Amos made on behalf of the Employer and dated 20 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 20 December 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] As a result of the commencement of operation of amendments to the Act relating to terms of enterprise agreements which are held to be unlawful pursuant to subsection 194 (h) of the Act, the Employer was invited to consider the provision of an Undertaking. The Fair Work Commission (the Commission) has received correspondence dated 10 January 2014, from the Employer which included an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[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 24 January 2014. I note that the file has included a Statutory Declaration of Matthew Chesher made on behalf of the Media, Entertainment and Arts Alliance (MEAA), as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 8.

[7] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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 as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 31 January 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 September 2016.

COMMISSIONER

Undertaking:

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