DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers Pty Ltd T/A The Daily Advertiser - Wagga Wagga, The Western Advocate - Bathurst, The Daily Liberal - Dubbo, The Central Western Daily - Orange, The Northern Daily Leader - Tamworth
(AG2019/1250)

JOURNALISTS (REGIONAL DAILY NEWSPAPERS) ENTERPRISE AGREEMENT 2019

Journalism
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2019

Application for approval of the Journalists (Regional Daily Newspapers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Regional Daily Newspapers) Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. 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.

[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 10 May 2019 and, in accordance with s.54, will operate from 17 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The respondents, Regional Publishers Pty Ltd trading as various newspapers, applied to the Fair Work Commission for the approval of the Journalists (Regional Daily Newspapers) Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be "registered" by the Commission. The applicants, journalists employed by the respondents, sought to have the Agreement disallowed on the basis that it contained provisions which were contrary to public policy and therefore could not be approved.

The central issue before the Commission was whether the provisions in the Agreement that the applicants sought to have disallowed were contrary to public policy. Specifically, the applicants argued that certain clauses in the Agreement that related to the imposition of conditions on the employment of journalists were contrary to public policy because they prevented the journalists from performing their professional duties in a manner consistent with the public interest. The respondents, on the other hand, argued that the provisions were necessary to ensure the financial viability of the newspapers and that they did not go beyond what was reasonably required in the circumstances.

After considering the arguments of both parties, the Commission held that the provisions in the Agreement that the applicants sought to have disallowed were not contrary to public policy. The Commission found that the provisions were necessary to ensure the financial viability of the newspapers and that they did not prevent the journalists from performing their professional duties in a manner consistent with the public interest. The Commission also found that the provisions were reasonably required in the circumstances and did not go beyond what was necessary to achieve the legitimate objectives of the Agreement. Accordingly, the Commission approved the Agreement.

The Commission's decision was that the application for approval of the Agreement should be granted, and the Agreement was approved as a "registered" agreement under the Fair Work Act 2009. The applicants' objections to certain provisions in the Agreement were dismissed, and the Agreement was registered as a valid and binding agreement between the parties.

Regional Publishers Pty Ltd T/A The Daily Advertiser - Wagga Wagga, The Western Advocate - Bathurst, The Daily Liberal - Dubbo, The Central Western Daily - Orange, The Northern Daily Leader - Tamworth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established