DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing Pty Limited T/A Fairfax Media Print and Distribution Launceston
(AG2018/6028)

FAIRFAX MEDIA PRINTING AND DISTRIBUTION - LAUNCESTON ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER BISSETT	MELBOURNE, 25 MARCH 2019

Application for approval of the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Printing and Distribution - Launceston 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 Rural Press Printing Pty Limited T/A Fairfax Media Print and Distribution Launceston. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Rural Press Printing Pty Limited T/A Fairfax Media Print and Distribution Launceston, the application for approval of the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2018 was brought before the Fair Work Commission. The application sought to approve the proposed enterprise agreement that had been negotiated between the employer and the employees represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union. The primary concern of the application was to determine whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees.

The legal issues central to this case involved assessing the fairness and appropriateness of the terms contained within the proposed enterprise agreement. The Fair Work Commission was required to consider whether the agreement provided adequate protections and benefits for the employees, and if it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement had been negotiated in good faith and if it was likely to promote workplace harmony.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, taking into account the submissions from both the employer and the union. The Commission found that the agreement contained terms that were fair and reasonable, providing appropriate protections and benefits for the employees. The Commission was satisfied that the agreement had been negotiated in good faith and would promote workplace harmony. Consequently, the Fair Work Commission approved the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2018, deeming it to be in the best interests of the employees.

The final orders of the Fair Work Commission included the approval of the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2018, with the agreement to be registered and in effect from the date of the Commission's decision. The agreement was to apply to the employees covered by the agreement and would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

Rural Press Printing Pty Limited T/A Fairfax Media Print and Distribution Launceston

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established