Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah

[2014] FWCA 2499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah
(AG2014/5653)

FAIRFAX MEDIA PRINT & DISTRIBUTION MANDURAH EMPLOYEES ENTERPRISE AGREEMENT 2014

Publishing industry
COMMISSIONER CLOGHAN	PERTH, 17 APRIL 2014

Application for approval of the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2014.

[1] On 10 April 2014, Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah made application for approval of a single enterprise agreement to be known as the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 31 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) has declared that the AMWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 April 2014.

[7] The nominal expiry date of this Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah, the applicant sought approval of the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2014. The dispute arose from an application under the Fair Work Act 2009, with the applicant requesting that the enterprise agreement be registered. The application was heard by the Fair Work Commission.

The legal issues that the court was required to decide centred on whether the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith, contained appropriate terms and conditions, and was registered within the required timeframe. The applicant argued that the agreement was made in good faith, contained appropriate terms and conditions, and was registered within the required timeframe. The respondent did not raise any objections to the registration of the agreement.

In reaching its decision, the court considered the evidence presented by both parties. The court found that the enterprise agreement was made in good faith and contained appropriate terms and conditions. The court also found that the agreement was registered within the required timeframe. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The respondent was ordered to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established