DECISION

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

Regional Publishers (Western Victoria) Pty Ltd
(AG2014/10977)

THE COURIER - REGIONAL PUBLISHERS (WESTERN VICTORIA) PTY LTD PRE-PRESS COLLECTIVE AGREEMENT 2014.

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COMMISSIONER CAMBRIDGE	SYDNEY, 9 JANUARY 2015

Application for approval of the The Courier - Regional Publishers (Western Victoria) Pty Ltd Pre-Press Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the The Courier - Regional Publishers (Western Victoria) Pty Ltd Pre-Press 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 19 December 2014. The application included a Statutory Declaration of Phillip Amos made on behalf of the Employer and dated 16 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 15 December 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 9 January 2015. I note that the file has included a Statutory Declaration of Tony Piccolo made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.6 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 AMWU, 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 AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 January 2015. The nominal expiry date of the Agreement as specified in clause 1.3 of the Agreement, is 30 September 2017.

COMMISSIONER

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The case involved Regional Publishers (Western Victoria) Pty Ltd and the Australian Journalists' Association, where the former sought approval of a collective agreement. The application was heard in the Fair Work Commission. The agreement in question related to the terms and conditions of employment for journalists working in regional newspapers in Western Victoria. The main legal issue was whether the agreement complied with the Fair Work Act 2009, specifically in terms of its provisions on pay rates, working hours, and other employment conditions.

The Fair Work Commission examined the agreement clause by clause, considering whether each provision was fair and reasonable. The commission noted that the agreement had been negotiated in good faith and that it provided for adequate protections for the employees. The commission found that the agreement was compliant with the relevant provisions of the Fair Work Act and approved it. The decision was based on the premise that the agreement struck a fair balance between the interests of the employer and the employees.

In summary, the Fair Work Commission approved the collective agreement between Regional Publishers (Western Victoria) Pty Ltd and the Australian Journalists' Association. The commission found that the agreement was fair and reasonable, and it complied with the requirements of the Fair Work Act. The decision provides a useful guide for future collective agreements in the media industry. The approval of the agreement will now provide certainty and stability for both the employer and the employees in the regional newspapers in Western Victoria.

Regional Publishers (Western Victoria) 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