Sunraysia Publishing Company Pty Ltd

[2016] FWCA 679

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sunraysia Publishing Company Pty Ltd

(AG2016/2170)

SUNRAYSIA PUBLISHING COMPANY PTY. LTD. EDITORIAL

AGREEMENT 2015

Publishing industry

DEPUTY PRESIDENT HAMILTON

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Sunraysia Publishing Company Pty. Ltd. Editorial Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Sunraysia Publishing Company Pty. Ltd. Editorial 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 Sunraysia Publishing Company Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to

this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from

10 February 2016. The nominal expiry date of the Agreement is 30 September 2018.

[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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Sunraysia Publishing Company Pty Ltd Editorial Agreement 2015, made by Sunraysia Publishing Company Pty Ltd under section 185 of the Fair Work Act 2009. The agreement, a single-enterprise agreement, was subject to scrutiny to determine if it met the statutory requirements for approval as per sections 186, 187, and 188 of the Act. The Media, Entertainment and Arts Alliance, as a bargaining representative, also indicated its interest in the agreement being covered under section 183 of the Act.

The primary legal issue was whether the application for approval of the Sunraysia Publishing Company Pty Ltd Editorial Agreement 2015 complied with the stipulated conditions under the Fair Work Act 2009. This involved assessing whether the agreement fulfilled the criteria set forth in sections 186, 187, and 188 of the Act, and whether the application met all procedural and substantive requirements for approval. Additionally, the court had to determine if the Media, Entertainment and Arts Alliance's notice under section 183 of the Act warranted the agreement's coverage as per section 201(2) of the Act.

Deputy President Hamilton found that all requirements of the relevant sections of the Act were satisfied. The agreement was deemed to comply with the statutory criteria for approval. Consequently, the Sunraysia Publishing Company Pty Ltd Editorial Agreement 2015 was approved, effective from 10 February 2016, with a nominal expiry date of 30 September 2018. The court also acknowledged that the Media, Entertainment and Arts Alliance's notice under section 183 of the Act meant the agreement would cover the organisation as per section 201(2) of the Act.

The final orders of the court approved the Sunraysia Publishing Company Pty Ltd Editorial Agreement 2015, effective from 10 February 2016, and confirmed its expiry date as 30 September 2018. Additionally, the agreement was noted to cover the Media, Entertainment and Arts Alliance as per section 201(2) of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established