Regional Publishers (Western Victoria) Pty Ltd T/A Bendigo Advertiser Summary

[2018] FWCA 2043

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd T/A Bendigo Advertiser

(AG2017/6288)

Bendigo Advertiser Editorial Collective Agreement 2017

Journalism
Commissioner Saunders	MELBOURNE, 10 APRIL 2018

Application for approval of the Bendigo Advertiser Editorial Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bendigo Advertiser Editorial Collective Agreement 2017 (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 T/A Bendigo Advertiser. The Agreement is a single enterprise agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Regional Publishers (Western Victoria) Pty Ltd, trading as the Bendigo Advertiser, applied for the approval of the Bendigo Advertiser Editorial Collective Agreement 2017. The application was contested by the Media, Entertainment and Arts Alliance. The dispute centred around whether the proposed agreement, which aimed to set terms and conditions for journalists and editorial staff, complied with relevant Australian labour laws and fair work principles. The Fair Work Commission was tasked with reviewing the agreement to determine its fairness and compliance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement appropriately balanced the interests of employees and employers, adhered to the principles of procedural fairness, and aligned with the broader objectives of the Fair Work Act. Specifically, the Commission examined provisions concerning wages, penalty rates, and other employment conditions. It also evaluated whether the agreement provided adequate protections for employees, ensuring their rights were upheld in line with fair work standards.

The Fair Work Commission determined that the Bendigo Advertiser Editorial Collective Agreement 2017 was fair and appropriate for approval. The Commission found that the agreement effectively balanced the interests of both parties and complied with relevant labour laws. The Commission highlighted that the agreement provided reasonable terms and conditions, including appropriate wage rates and penalty provisions, which aligned with the principles of procedural fairness and the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.

The final orders of the Fair Work Commission approved the Bendigo Advertiser Editorial Collective Agreement 2017, effective from the date of the decision. The Commission's approval meant that the agreement would govern the employment terms and conditions for journalists and editorial staff at the Bendigo Advertiser, ensuring compliance with Australian labour laws and fair work principles.

Regional Publishers (Western Victoria) Pty Ltd T/A Bendigo Advertiser

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established