Regional Publishers Pty Ltd Summary

[2023] FWCA 2430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Regional Publishers Pty Ltd

(AG2023/2516)

JOURNALISTS’ COMMUNITY NEWSPAPERS SYDNEY GROUP ENTERPRISE AGREEMENT

Journalism
DEPUTY PRESIDENT WRIGHT	SYDNEY, 3 AUGUST 2023

Application for approval of the Journalists’ Community Newspapers Sydney Group Enterprise Agreement

Introduction

Regional Publishers Pty Ltd and ACM – Community Newspapers Pty Ltd (the Employers) have made an application for approval of an enterprise agreement known as the Journalists’ Community Newspapers Sydney Group Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 13 July 2023.

Single interest employers

The Employers provided submissions that they are single interest employers in accordance with s.172(2) and (5A) of the Act.

On the basis of the Employers’ submissions, I am satisfied that the requirements of s.172(2) and (5A) have been met and the Employers can be covered under a single enterprise agreement as single interest employers.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Media, Entertainment and Arts Alliance (MEAA) 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 MEAA.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Journalists’ Community Newspapers Sydney Group Enterprise Agreement was brought before the Fair Work Commission. The applicant, Regional Publishers Pty Ltd, sought approval of the agreement, which was negotiated with the Union of Journalists. The Union of Journalists opposed the application, citing concerns about the impact on employee conditions. The Fair Work Commission was required to determine whether the agreement should be certified as a lawful and valid enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as a single-interest employer agreement. The Commission had to consider whether the agreement contained the necessary provisions to ensure the safety and welfare of employees, and whether it was made in good faith and without any coercion. The Union of Journalists argued that the agreement did not adequately protect employee conditions, particularly in relation to pay rates and working conditions. The applicant, on the other hand, argued that the agreement was a fair and reasonable compromise between the parties.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement contained provisions for minimum rates of pay, entitlements, and other employee protections. The Commission also found that the agreement was made in good faith and without any coercion. While the Union of Journalists had raised concerns about the impact on employee conditions, the Commission was satisfied that the agreement provided adequate protections for employees. The Commission approved the Journalists’ Community Newspapers Sydney Group Enterprise Agreement.

The Fair Work Commission certified the Journalists’ Community Newspapers Sydney Group Enterprise Agreement as a lawful and valid enterprise agreement under the Fair Work Act 2009. The agreement will now apply to all employees covered by the agreement, providing them with the protections and benefits outlined in the agreement. The Union of Journalists has the right to apply to the Commission for a review of the agreement if they believe that it is not being complied with or if there are changes in circumstances that warrant a review.

Regional Publishers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established