DECISION

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

Regional Publishers Pty Ltd T/A Dubbo Daily Liberal
(AG2015/1951)

DUBBO DAILY LIBERAL CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Dubbo Daily Liberal 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 Dubbo Daily Liberal 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 Dubbo Daily Liberal(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

The application was brought by Regional Publishers Pty Ltd, trading as the Dubbo Daily Liberal, to the Fair Work Commission (FWC) for the approval of the Dubbo Daily Liberal Clerical, Administrative and Support Services Collective Agreement 2015. The FWC was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009, specifically whether it was a genuinely negotiated agreement and whether it complied with the prescribed conditions for registration. The applicant argued that the agreement was genuinely negotiated and met all requirements for approval, while no party contested the agreement.

The FWC examined the evidence provided to ascertain whether the agreement was genuinely negotiated. The applicant submitted evidence including emails, meeting notes, and witness statements to demonstrate the negotiation process. The FWC assessed the submissions and found that the applicant had made a genuine effort to negotiate with the relevant employee representatives. Furthermore, the FWC considered whether the agreement met all the legislative conditions for registration, including provisions related to minimum rates of pay, penalty rates, and leave entitlements. The applicant provided evidence that the agreement contained these provisions and complied with the relevant laws.

Having found that the agreement was genuinely negotiated and met all the conditions for registration, the FWC approved the Dubbo Daily Liberal Clerical, Administrative and Support Services Collective Agreement 2015. The FWC's decision was based on the evidence presented and the applicant's compliance with the requirements of the Fair Work Act 2009. The FWC noted that the agreement was fair and reasonable, providing appropriate protections for the employees while also meeting the needs of the employer.

The FWC approved the Dubbo Daily Liberal Clerical, Administrative and Support Services Collective Agreement 2015 and registered it under the Fair Work Act 2009. The applicant was directed to provide a copy of the approved agreement to the Registrar of the Fair Work Commission within 14 days of the decision. The decision is final and binding on all parties involved in the agreement.

Regional Publishers Pty Ltd T/A Dubbo Daily Liberal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established