DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers Pty Ltd on behalf of related companies in the Fairfax Agricultural Media Division
(AG2016/2296)

JOURNALISTS (FAIRFAX AGRICULTURAL MEDIA) ENTERPRISE AGREEMENT 2015-2017

Journalism
COMMISSIONER ROE	MELBOURNE, 11 MARCH 2016

Application for approval of the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2015-2017 (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 on behalf of related companies in the Fairfax Agricultural Media Division.The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 11 March 2016 and, in accordance with s.54, will operate from 18 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Publishers Pty Ltd, on behalf of related companies within the Fairfax Agricultural Media Division, applied to the Fair Work Commission for approval of the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2015-2017. The applicants sought approval under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the criteria for direct employee representation, coverage, and whether it provided for the fair and efficient resolution of workplace issues.

The legal issues before the court encompassed the interpretation of the Fair Work Act and the Fair Work Regulations 2009, particularly regarding the direct representation of employees and the procedural fairness in the negotiation and approval of enterprise agreements. The court was required to determine if the agreement was negotiated fairly and whether it complied with the procedural requirements stipulated by the legislation. Additionally, the court examined if the agreement adequately covered all relevant employees and if it included necessary provisions for dispute resolution.

The Fair Work Commission found that the agreement was negotiated fairly and met the criteria for direct representation, as the journalists were adequately represented by the relevant union. The commission also determined that the agreement was comprehensive in its coverage and included provisions for the resolution of workplace issues. The court approved the application, concluding that the proposed agreement was in compliance with the Fair Work Act and its regulations, and it would serve the interests of both the employees and the employers.

The final orders of the court mandated the approval of the Journalists (Fairfax Agricultural Media) Enterprise Agreement 2015-2017, recognising it as a registered agreement under the Fair Work Act. The agreement was set to take effect from the date of the commission's decision, providing a framework for the employment conditions of the journalists within the specified period.

Regional Publishers Pty Ltd on behalf of related companies in the Fairfax Agricultural Media Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established