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

[2025] FWCA 576

[2025] FWCA 576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/5207)

WARRNAMBOOL STANDARD EDITORIAL ENTERPRISE AGREEMENT

Journalism
COMMISSIONER MIRABELLA	MELBOURNE, 13 FEBRUARY 2025

Application for approval of the Warrnambool Standard Editorial Enterprise Agreement

1. Regional Publishers (Western Victoria) Pty Ltd Trading As The Courier (the Employer) has made an application for approval of an enterprise agreement known as the Warrnambool Standard Editorial Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 21 December 2023 and the Agreement was made on 9 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. The employer provided to the employees the pre-June 2023 version of the Notice of Employee Representational Rights (NERR). Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 6.4.1: Carer’s leave entitlement

·   Clause 6.4.6: Carer’s leave notice

1. However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54, will operate from 20 February 2025. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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