DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Publishers (Western Victoria) Pty Ltd T/A The Standard-Warrnambool
(AG2018/6152)

WARRNAMBOOL STANDARD EDITORIAL COLLECTIVE AGREEMENT 2018

Journalism
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2019

Application for approval of the Warrnambool Standard Editorial Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Standard Editorial Collective 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 Standard-Warrnambool. The Agreement is a single enterprise agreement.

[2] The Employer 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 12 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Regional Publishers (Western Victoria) Pty Ltd trading as The Standard-Warrnambool, the applicant sought approval for the Warrnambool Standard Editorial Collective Agreement 2018. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant, The Standard-Warrnambool, is a newspaper publisher, and the agreement in question governs the employment terms of its editorial staff. The application arose due to disagreements between the applicant and the editorial staff over various terms and conditions of employment.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement provided for fair and reasonable terms and conditions, did not unfairly disadvantage any party, and complied with the prescribed minimum standards. The Commission had to examine the specific provisions of the agreement, including pay rates, penalty rates, leave entitlements, and other conditions of employment, to determine if they met the statutory criteria.

The Fair Work Commission considered the evidence presented by both parties and reviewed the terms of the proposed agreement. The Commission found that the agreement generally met the statutory requirements for approval. It noted that the pay rates and conditions offered were in line with industry standards and provided fair and reasonable terms for the editorial staff. The Commission concluded that the agreement did not unfairly disadvantage any party and complied with the minimum standards prescribed by the Fair Work Act 2009. Accordingly, the Commission approved the Warrnambool Standard Editorial Collective Agreement 2018.

The Fair Work Commission's final order was that the Warrnambool Standard Editorial Collective Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. This decision resolved the dispute between Regional Publishers (Western Victoria) Pty Ltd and the editorial staff, providing a legally binding framework for their employment terms and conditions moving forward.

Regional Publishers (Western Victoria) Pty Ltd T/A The Standard-Warrnambool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established