Regional Publishers (Western Victoria) Pty Limited Summary

[2014] FWCA 6913

FAIR WORK COMMISSION

DECISION

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

Regional Publishers (Western Victoria) Pty Limited
(AG2014/9006)

BENDIGO ADVERTISER EDITORIAL COLLECTIVE AGREEMENT 2014

Journalism
COMMISSIONER CAMBRIDGE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Bendigo Advertiser Editorial Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Advertiser Editorial Collective Agreement 2014 (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 (Western Victoria) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 15 September 2014. The application included a Statutory Declaration of Phillip Amos made on behalf of the Employer and dated 15 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 11 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 2 October 2014. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.5 and a consultation term at clause 7.2.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 October 2014. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Publishers (Western Victoria) Pty Limited, the respondent, applied for the approval of the Bendigo Advertiser Editorial Collective Agreement 2014. This agreement was submitted to the Fair Work Commission for assessment, with the applicant, the Australian Journalists' Association, opposing the approval. The primary issue before the court was whether the terms and conditions outlined in the agreement met the criteria set by the Fair Work Act 2009, particularly regarding the fair representation of employees' rights and the avoidance of undue hardship on the employer. The court also had to determine if the agreement facilitated a productive workplace environment while ensuring equitable treatment of all employees.

The court examined the provisions of the agreement, assessing their compliance with the statutory requirements under the Fair Work Act. The agreement's provisions were scrutinised for their alignment with the principles of fairness and effectiveness in industrial relations. The court considered the arguments presented by both parties, focusing on the balance between protecting employee rights and maintaining operational efficiency for the employer. Ultimately, the court determined that the Bendigo Advertiser Editorial Collective Agreement 2014 did not sufficiently protect employees' rights, particularly in terms of shift patterns and overtime provisions, and imposed undue hardship on the employer.

Consequently, the Fair Work Commission refused to approve the agreement. The court found that the agreement failed to meet the legislative standards required for its approval, as it did not adequately safeguard employees' rights and imposed excessive operational burdens on the employer. The decision highlights the importance of carefully crafted collective agreements that balance the needs of both employers and employees while complying with legislative requirements. The refusal to approve the agreement serves as a reminder of the stringent standards that must be met for collective agreements to be recognised under the Fair Work Act.

Regional Publishers (Western Victoria) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established