DECISION

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

Regional Publishers Pty Ltd T/A Western Advocate
(AG2015/1931)

WESTERN ADVOCATE CLERICAL, ADMINISTRATIVE AND SUPPORT SERVICES COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Western Advocate 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 Western Advocate 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 Western Advocate(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, trading as Western Advocate, sought approval of the Western Advocate Clerical, Administrative and Support Services Collective Agreement 2015. The application was heard by the Fair Work Commission, which was required to consider whether the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was necessary to maintain industrial peace and harmony within the workplace, while the respondent, the union, contended that the agreement did not provide adequate protections for employees.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it met the criteria for approval as a certified agreement. The Commission needed to assess if the agreement covered the requisite minimum terms and conditions, and if it had been negotiated in good faith. Additionally, the Commission considered whether the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights and interests.

The Fair Work Commission found that the agreement substantially met the requirements of the Fair Work Act. The Commission noted that the agreement included all the requisite minimum terms and conditions and had been negotiated in good faith between the parties. The Commission was satisfied that the agreement was consistent with the objectives of the Act, particularly in terms of maintaining industrial peace and harmony. The Commission approved the agreement, noting that while there were some areas for improvement, the overall balance of the agreement was fair and reasonable.

The Commission made an order approving the Western Advocate Clerical, Administrative and Support Services Collective Agreement 2015 as a certified agreement under the Fair Work Act 2009.

Regional Publishers Pty Ltd T/A Western Advocate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established