DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Press Printing Pty Ltd T/A Fairfax Media Print and Distribution - Launceston
(AG2015/5751)

FAIRFAX MEDIA PRINTING AND DISTRIBUTION - LAUNCESTON ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Media Printing and Distribution - Launceston Enterprise Agreement 2015 (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 Ltd T/A Fairfax Media and Distribution - Launceston. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Rural Press Printing Pty Ltd T/A Fairfax Media and Distribution - Launceston. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved Rural Press Printing Pty Ltd, trading as Fairfax Media Printing and Distribution – Launceston, which applied to the Fair Work Commission for approval of the Enterprise Agreement 2015. The nature of the dispute centred around the procedural fairness of the agreement's approval process. The Fair Work Commission was tasked with determining whether the application met the legal standards for approval, particularly focusing on the fairness of the agreement's terms and the compliance with procedural requirements.

The legal issues the court had to address included whether the agreement was genuinely negotiated, if the agreement was made in good faith, and whether the application process was fair and transparent. Additionally, the court needed to consider if the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the disclosure of relevant information and the opportunity for employees to provide input.

In its reasoning, the Fair Work Commission examined the evidence provided by the applicant, including documentation of the negotiation process and the responses from employee representatives. The court assessed the fairness of the agreement by reviewing the terms and conditions proposed and the extent to which employees had been involved in the negotiation process. The Commission found that the application process was procedurally fair, and the agreement met the statutory requirements for approval. Consequently, the court granted the application, approving the Enterprise Agreement 2015.

The final orders of the Fair Work Commission were to approve the Fairfax Media Printing and Distribution – Launceston Enterprise Agreement 2015, effective from the date of the decision. The Commission also noted that ongoing compliance with the terms of the agreement would be subject to review and enforcement by the Fair Work Ombudsman.

Rural Press Printing Pty Ltd 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