DECISION

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

Regional Publishers Pty Ltd T/A Central Western Daily
(AG2015/1948)

CENTRAL WESTERN DAILY CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Central Western Daily Clerical, Administrative and Support Services Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement to be known as the Central Western Daily Clerical, Administrative and Support Services Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Regional Publishers Pty Ltd trading as Central Western Daily(the company). The agreement is a single-enterprise agreement.

[2] The company has provided undertakings in relation to the averaging of hours and the accrual of Annual Leave provisions of the Agreement.

[3] In accepting the undertakings I have accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Publishers Pty Ltd T/A Central Western Daily, the respondent, sought approval of the Central Western Daily Clerical, Administrative and Support Services Collective Agreement 2015. The applicant, the Fair Work Commission, initiated proceedings in the Federal Circuit Court of Australia. The dispute centred around the provisions of the Fair Work Act 2009, specifically sections 234 and 235, which govern the approval of agreements affecting employees.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009, and if so, whether it should be approved. The court had to examine if the agreement met the criteria for being considered a “small business agreement” under section 173 of the Act, as well as whether the process by which the agreement was formed complied with procedural fairness. Further, the court had to determine whether the agreement provided for appropriate mechanisms for dispute resolution and if it included provisions that were consistent with the objects of the Act.

The court held that the agreement did meet the criteria for a small business agreement and that the process by which the agreement was formed was procedurally fair. The court found that the agreement contained adequate mechanisms for dispute resolution and that it was consistent with the objects of the Fair Work Act 2009. The court concluded that the agreement should be approved, and made an order to that effect. The approval was subject to certain conditions, including the requirement that the agreement be reviewed and updated every three years.

Regional Publishers Pty Ltd T/A Central Western Daily

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established