DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd T/A The Border Mail
(AG2018/6889)

BORDER MAIL ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER MCKINNON	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Border Mail Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Border Mail Enterprise Agreement 2018 (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 The Border Mail. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Media, Entertainment and Arts Alliance, and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines, and Utilities Union, Branch of the Australian Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Regional Publishers (Western Victoria) Pty Ltd, trading as The Border Mail, and the Communication, Electrical, Electronic, Metal, Engineering, Printing and Kindred Industries Union (the Union). The Union sought approval of the Border Mail Enterprise Agreement 2018. The Fair Work Commission heard the application. The primary legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission considered the nature of the agreement and the submissions made by both parties. It noted that the agreement provided for a 2.25% increase in wages for each of the three years of the agreement, which was less than the Consumer Price Index over the same period. The Union argued that the agreement did not meet the needs of the employees, while the employer argued that the agreement was fair and reasonable. The Commission found that the agreement was in the best interests of the employees, taking into account the overall terms and conditions of employment, the financial position of the employer, and the need to maintain a sustainable and competitive business.

The Fair Work Commission approved the Border Mail Enterprise Agreement 2018. The agreement was registered on the date of the decision and became legally binding on the parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The decision provides guidance for employers and unions in relation to the approval of enterprise agreements under the Fair Work Act.

Regional Publishers (Western Victoria) Pty Ltd T/A The Border Mail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established