DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd T/A The Courier
(AG2016/3063)

THE COURIER EDITORIAL ENTERPRISE AGREEMENT 2016

Journalism
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of The Courier Editorial Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Courier Editorial Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 20 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of The Courier Editorial Enterprise Agreement 2016, entered into between Regional Publishers (Western Victoria) Pty Ltd trading as The Courier and the Community and Public Sector Union. The dispute centred on whether the terms of the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum pay rates and classification of employees.

The primary legal issues the court had to address were whether the proposed agreement provided for appropriate minimum rates of pay for employees, and whether the classifications within the agreement were fair and reasonable. The court also considered whether the agreement was in line with the Fair Work (Registered Organisations) Act 2009, ensuring that it did not unfairly discriminate against any class of employees.

In reaching its decision, the court examined the proposed agreement against the benchmarks set out in the Fair Work Act. It found that the agreement provided for minimum rates of pay that were consistent with industry standards and did not unfairly disadvantage employees. The classifications within the agreement were deemed to be fair and reasonable, taking into account the skills and responsibilities associated with each role. The court also considered the views of both the employer and the union, ultimately concluding that the agreement was in the best interests of the employees and the business.

The court approved the application for the agreement to be registered, subject to certain conditions. These conditions included ensuring that the employer provided employees with clear and accurate information about the agreement and its terms, and that the employer complied with any other relevant legislative requirements. The court's decision provided clarity and certainty for both the employer and the union, allowing the agreement to be implemented effectively.

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