DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Advocate Newspaper Proprietary Limited; Fairfax Regional Media (Tasmania) Pty Limited
(AG2015/5693)

FAIRFAX TASMANIA EDITORIAL ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Fairfax Tasmania Editorial Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fairfax Tasmania Editorial 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 The Advocate Newspaper Proprietary Limited and the Fairfax Regional Media (Tasmania) Pty Limited. 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. 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.

[3] 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.

[4] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, The Advocate Newspaper Proprietary Limited and Fairfax Regional Media (Tasmania) Pty Limited sought approval of the Fairfax Tasmania Editorial Enterprise Agreement 2015 from the Fair Work Commission. The dispute revolved around the terms and conditions of employment for journalists and editorial staff at the Advocate and other publications in Tasmania. The application for approval was made to ensure that the agreement complied with the provisions of the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of the coverage of employees, the classification of jobs, and the provisions for minimum wages and conditions. The Commission also had to consider whether the agreement provided for a fair and reasonable method of determining wages and conditions, and if it aligned with the principles of good faith bargaining.

The Fair Work Commission found that the agreement did indeed meet the statutory requirements and was fair and reasonable. The Commission concluded that the proposed agreement was a genuine enterprise agreement and that it appropriately covered the intended employees. It also found that the agreement provided for a fair and reasonable method of determining wages and conditions, and was consistent with the principles of good faith bargaining. Consequently, the Commission approved the Fairfax Tasmania Editorial Enterprise Agreement 2015.

The final orders of the Commission were that the Fairfax Tasmania Editorial Enterprise Agreement 2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission’s decision and would remain in force until the earlier of its expiry or termination in accordance with the provisions of the Fair Work Act.

The Advocate Newspaper Proprietary Limited; Fairfax Regional Media (Tasmania) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established