DECISION

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

Regional Publishers Pty Ltd T/A Western Advocate, Daily Liberal, Maitland Mercury, Central Western Daily, and The Northern Daily Leader; Carpentaria Newspapers Pty Ltd; The Wagga Daily Advertiser Pty Ltd
(AG2016/6360)

JOURNALISTS (REGIONAL DAILY NEWSPAPERS) ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Journalists (Regional Daily Newspapers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Regional Daily Newspapers) Enterprise Agreement 2016 (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 Western Advocate, Daily Liberal, Maitland Mercury, Central Western Daily, and The Northern Daily Leader; Carpentaria Newspapers Pty Ltd; The Wagga Daily Advertiser Pty Ltd. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Regional Publishers Pty Ltd, trading as Western Advocate, Daily Liberal, Maitland Mercury, Central Western Daily, and The Northern Daily Leader; Carpentaria Newspapers Pty Ltd; and The Wagga Daily Advertiser Pty Ltd. The dispute was regarding the application for approval of the Journalists (Regional Daily Newspapers) Enterprise Agreement 2016. The case was heard in the Fair Work Commission. The central legal issues that the court had to decide were whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement and whether it was made in good faith and without coercion.

The Fair Work Commission examined the application, the submissions of the parties, and the fairness of the agreement. The commission considered the process by which the agreement was made, the content of the agreement, and its compliance with the relevant statutory requirements. The commission was particularly focused on whether the agreement was made in good faith, without coercion, and whether it met the criteria for approval as a modern award. After careful consideration, the commission determined that the agreement satisfied all the necessary criteria and was therefore approved.

The court found that the agreement was made in good faith and without coercion, and it met the statutory requirements under the Fair Work Act 2009. The commission approved the Journalists (Regional Daily Newspapers) Enterprise Agreement 2016, confirming its validity and enforceability. The decision underscores the importance of ensuring that enterprise agreements are made fairly and in accordance with the law. The final orders included the approval of the agreement, which would now govern the employment conditions of journalists in the specified regional daily newspapers.

Regional Publishers Pty Ltd T/A Western Advocate, Daily Liberal, Maitland Mercury, Central Western Daily, and The Northern Daily Leader; Carpentaria Newspapers Pty Ltd; The Wagga Daily Advertiser Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established