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

[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

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.

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.

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.

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.

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

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.

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.

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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CaseChat Overview and Summary

The case involved Regional Publishers (Western Victoria) Pty Ltd, trading as The Courier, which sought approval for the Warrnambool Standard Editorial Enterprise Agreement. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009, with the objective of overseeing the implementation of workplace laws and ensuring fair conditions for employees. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which the applicant sought to have approved to govern the employment of its journalists and other staff members.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, specifically sections concerning the making of an enterprise agreement. The Commission needed to determine whether the agreement had been made in good faith, whether it complied with the procedural requirements, and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. Additionally, the Commission needed to consider the views and submissions of any relevant parties, including the employees and other stakeholders.

After reviewing the submissions and evidence provided by the parties, the Commission concluded that the proposed agreement was made in good faith and complied with the procedural requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and it approved the Warrnambool Standard Editorial Enterprise Agreement. The decision was made on the basis that the agreement satisfied the criteria set out in the legislation, and it was in the best interest of both the employer and the employees to have a clear and agreed set of terms and conditions governing their relationship. The Commission's decision provided certainty and stability for the parties, enabling them to focus on their operations and the delivery of news and information to the community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established