DECISION

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

Regional Publishers Pty Ltd T/A Northern Daily Leader
(AG2015/1831)

NORTHERN DAILY LEADER CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 FEBRUARY 2015

Application for approval of the Northern Daily Leader 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 Northern Daily Leader 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 Northern Daily Leader(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 24 February 2015. The nominal expiry date is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the matter before the court was an application by Regional Publishers Pty Ltd trading as Northern Daily Leader, seeking approval of the Northern Daily Leader Clerical, Administrative and Support Services Collective Agreement 2015. The dispute arose as the applicant sought to finalise the terms of employment for its clerical, administrative, and support services employees in accordance with the Fair Work Act 2009. The Fair Work Commission, which had jurisdiction over the matter, was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues central to the court's consideration were whether the agreement contained all the required terms as stipulated by the Fair Work Act, and if it was made in good faith and without coercion. Furthermore, the court had to assess if the agreement provided a fair and efficient means of determining the employees' conditions of employment. The primary focus was on the procedural fairness and the content of the agreement, particularly its compliance with the mandatory terms set out in the Fair Work Act.

Upon review, the court found that the agreement met all the necessary requirements under the Fair Work Act. The agreement was comprehensive, including all mandated terms, and was made in good faith. The court was satisfied that the process leading to the agreement was fair and transparent. The content of the agreement was also deemed to provide a fair and efficient mechanism for determining the employees' terms and conditions of employment. Consequently, the court approved the agreement, recognising its compliance with the statutory framework and its fairness to all parties involved.

In approving the agreement, the court mandated that the Northern Daily Leader Clerical, Administrative and Support Services Collective Agreement 2015 would be valid and enforceable as of the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to adhere to its terms moving forward. This decision ensured that the agreement would serve as the governing document for the employment conditions of the clerical, administrative, and support services employees within the organisation.

Regional Publishers Pty Ltd T/A Northern Daily Leader

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established