DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunraysia Publishing Company Pty Ltd T/A Sunraysia Daily
(AG2018/6372)

SUNRAYSIA PUBLISHING COMPANY PTY. LTD. EDITORIAL AGREEMENT 2018

Journalism
COMMISSIONER YILMAZ	MELBOURNE, 26 APRIL 2019

Application for approval of the Sunraysia Publishing Company Pty. Ltd. Editorial Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sunraysia Publishing Company Pty. Ltd. Editorial 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 Sunraysia Publishing Company Pty Ltd T/A Sunraysia Daily. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged was missing a number of pages due to administrative error. On 26 April 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Sunraysia Publishing Company Pty Ltd T/A Sunraysia Daily, the Federal Court was tasked with considering an application for the approval of a proposed editorial agreement. The applicant, Sunraysia Publishing Company Pty Ltd, trading as Sunraysia Daily, sought to formalise the relationship between itself and its editorial staff through the proposed agreement. This application arose under the provisions of the Fair Work Act 2009, which governs the approval of enterprise agreements. The primary dispute centred around the terms of the proposed agreement and whether it complied with the relevant statutory requirements, including those relating to employee representation and the protection of employee interests.

The court was required to determine several legal issues, including whether the proposed agreement was an appropriate vehicle for protecting the interests of the employees and whether it met the statutory criteria for approval under the Fair Work Act. Key considerations included the adequacy of employee representation in the negotiation process, the fairness and reasonableness of the agreement's terms, and whether the agreement provided appropriate mechanisms for resolving disputes. The court also needed to assess whether the agreement included all the mandatory minimum terms and conditions as required by the Act.

The Federal Court found that the proposed agreement was generally in compliance with the statutory requirements. The court noted that the agreement had been negotiated with adequate employee representation and that it included all the mandatory minimum terms. The court concluded that the terms of the agreement were fair and reasonable, providing adequate protections for the employees. The court was satisfied that the agreement provided appropriate mechanisms for resolving disputes and that it did not disadvantage the employees. Consequently, the court approved the proposed agreement, allowing the parties to proceed with implementing its terms.

The final orders of the court included the approval of the Sunraysia Publishing Company Pty Ltd Editorial Agreement 2018, with the agreement to be registered with the Fair Work Commission. This decision ensures that the terms of the agreement will be legally binding and enforceable between the parties, providing a clear framework for their future relationship.

Sunraysia Publishing Company Pty Ltd T/A Sunraysia Daily

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established