DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd T/A The Courier
(AG2018/2161)

THE COURIER EDITORIAL ENTERPRISE AGREEMENT 2018

Journalism
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of The Courier Editorial Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Courier Editorial 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 Courier. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 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

Regional Publishers (Western Victoria) Pty Ltd, trading as The Courier, sought approval for the The Courier Editorial Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the procedural and substantive fairness standards applicable to enterprise agreements.

The court had to determine if the agreement was genuinely bargained for, whether it contained the mandated minimum terms and conditions, and if the requisite procedural fairness had been observed in the bargaining process. Additionally, the court examined if the agreement was likely to result in improved productivity, efficiency, or profitability, and if it contained any discriminatory terms.

The Fair Work Commission found that the agreement was genuinely negotiated, contained all the mandated minimum terms, and was procedurally fair. The agreement was deemed to promote productivity, efficiency, or profitability without containing any discriminatory provisions. Consequently, the court approved the application for the agreement's registration.

The Fair Work Commission registered the The Courier Editorial Enterprise Agreement 2018, effective from 1 April 2018. The decision underscores the importance of meeting all statutory and procedural requirements for the approval of enterprise agreements in Australia.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established