DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Age Company Pty Limited
(AG2018/5798)

THE AGE LIBRARY AGREEMENT 2018

Publishing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 FEBRUARY 2019

Application for approval of The Age Library Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Age Library 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 The Age Company 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 11 February 2019 and, in accordance with s.54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application by The Age Company Pty Limited for approval of The Age Library Agreement 2018. The dispute arose in the context of the parties' ongoing negotiations regarding the terms and conditions of the agreement between the applicant and the library in question. The Court was tasked with determining whether the agreement met the necessary legal standards for approval, considering the interests of both parties.

The central legal issue before the Court was whether the proposed agreement was fair, reasonable, and in the best interests of both parties. This required an examination of the agreement's provisions, the bargaining positions of the parties, and the extent to which the agreement reflected a fair and balanced outcome. Additionally, the Court had to consider whether the agreement complied with relevant legislative requirements and whether it contained appropriate safeguards for the library's interests.

In delivering the decision, the Court carefully assessed the terms of the proposed agreement, noting the parties' respective bargaining positions and the broader context of the negotiations. The Court found that the agreement was fair and reasonable, taking into account the needs and interests of both parties. The Court was satisfied that the agreement provided adequate safeguards for the library, and that it met the necessary legal standards for approval. As such, the Court granted the application for approval of The Age Library Agreement 2018.

The Court's decision concluded with the approval of the agreement, ensuring that the parties could proceed with their negotiations and arrangements in accordance with the terms set out in the agreement. This outcome provided certainty and stability to the parties, allowing them to move forward with their respective obligations and expectations under the approved agreement.

The Age Company 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