DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah
(AG2017/2208)

FAIRFAX MEDIA PRINT & DISTRIBUTION MANDURAH EMPLOYEES ENTERPRISE AGREEMENT 2017

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 4 JULY 2017

Application for approval of the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2017.

[1] On 13 June 2017 Rural Press Printing, Mandurah T/A Fairfax Media Print & Distribution Mandurah (Applicant) made an application for approval of the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has indicated its acceptance of the undertakings to the applicant.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, 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), 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 July 2017. The nominal expiry date of the Agreement is 4 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Rural Press Printing, Mandurah trading as Fairfax Media Print & Distribution Mandurah, the Fair Work Commission was asked to consider the approval of the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2017. This agreement was submitted for consideration under section 230 of the Fair Work Act 2009. The application for approval arose from negotiations between the employer and the employees, represented by the Media, Entertainment and Arts Alliance (MEAA).

The primary legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "genuine" enterprise agreement, made without coercion, and if it provided for the proper classification and remuneration of employees. The Commission also examined whether the agreement contained terms that were contrary to public policy or were otherwise unfair.

After considering submissions from both the employer and the union, the Commission found that the enterprise agreement was genuine and met the necessary criteria for approval. The agreement was not found to be contrary to public policy or unfair to any party. The Commission noted that the agreement provided for appropriate classification and remuneration of employees, along with other terms that were reasonable and in line with industry standards. Based on this, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009.

The Fair Work Commission approved the Fairfax Media Print & Distribution Mandurah Employees Enterprise Agreement 2017, effective from 1 April 2017, and continuing until 31 March 2022. The terms of the agreement now form the basis of the employment conditions for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established