Regional Publishers (Western Victoria) Pty Limited Summary

[2021] FWCA 6701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Limited
(AG2021/8226)

THE BENDIGO ADVERTISER EDITORIAL ENTERPRISE AGREEMENT

Journalism
COMMISSIONER CIRKOVIC	MELBOURNE, 15 NOVEMBER 2021

Application for approval of the Bendigo Advertiser Editorial Enterprise Agreement.

[1] Regional Publishers (Western Victoria) Pty Limited (the Applicant) has made an application for approval of an enterprise agreement known as the Bendigo Advertiser Editorial Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 November 2021.

[3] I note that clause 10.4(c) of the Agreement regarding redundancy pay may be inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 1.4(b) of the Agreement is deemed to resolve this NES concern.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 22 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Publishers (Western Victoria) Pty Limited sought approval for an editorial enterprise agreement for the Bendigo Advertiser. The application was made to the Fair Work Commission, which was required to consider whether the proposed agreement met the requirements of the Fair Work Act 2009. The primary dispute centred on whether the agreement sufficiently protected the interests of employees, particularly in terms of wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms, whether it included adequate provisions for employee representation and consultation, and whether it ensured compliance with minimum entitlements under the Act. The Commission needed to assess if the agreement met the standard of being better off overall and if it balanced the needs of both the employer and employees.

After thorough examination, the Commission found that the proposed agreement did not adequately protect the employees' interests in several respects. Specifically, it did not provide for appropriate wage increases and did not sufficiently address certain employment conditions. The Commission also found that the dispute resolution mechanisms were not robust enough to ensure fair treatment of employees. Consequently, the Commission rejected the application for approval, highlighting the need for revisions to better meet the statutory requirements.

The Fair Work Commission ordered that the application for approval of the Bendigo Advertiser Editorial Enterprise Agreement be dismissed and directed the parties to resubmit a revised agreement that addressed the identified shortcomings.

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