| [2018] FWCA 4145 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Regional Publishers Pty Ltd T/A Fairfax Regional Media, Maitland Mercury, Dubbo Daily Liberal, Western Advocate, Central Western Daily, Northern Daily Leader
(AG2018/713)
FAIRFAX MEDIA (ACM-NSW) CLERICAL ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2018
Clerical industry | |
COMMISSIONER LEE | MELBOURNE, 12 JULY 2018 |
Application for approval of the Fairfax Media (ACM-NSW) Clerical Administrative and Support Services Collective Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media (ACM-NSW) Clerical Administrative and Support Services Collective Agreement 2018 (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 T/A Fairfax Regional Media, Maitland Mercury, Dubbo Daily Liberal, Western Advocate, Central Western Daily, Northern Daily Leader. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 30 September 2020.
COMMISSIONER
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Annexure A
- AGLC
- Regional Publishers Pty Ltd T/A Fairfax Regional Media, Maitland Mercury, Dubbo Daily Liberal, Western Advocate, Central Western Daily, Northern Daily Leader [2018] FWCA 4145
- Case
- [2018] FWCA 4145
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was in the best interests of the employees it covered and if it complied with the relevant provisions of the Act. This involved examining the process by which the agreement was made, including whether there was genuine bargaining between the parties, and whether the agreement provided for fair and reasonable terms and conditions of employment.
The court considered the evidence presented and concluded that the agreement was in the best interests of the employees and met the statutory requirements for approval. The court found that the agreement had been genuinely bargained between the parties, and that it provided for fair and reasonable terms and conditions of employment. The court also noted that the agreement included provisions for dispute resolution and protected the rights of employees.
The court approved the agreement and made an order registering it as a Registered Agreement under the Fair Work Act. The agreement will now apply to the employees covered by it and will provide them with the terms and conditions of employment set out in the agreement. The decision provides certainty for both the employer and the employees, and ensures that the agreement is legally enforceable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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