DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Age Company Pty Ltd
(AG2016/3588)

THE AGE CLERICAL EMPLOYEES AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Age Clerical Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Age Clerical Employees Agreement 2016 (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 “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.

[4] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, The Age Company Pty Ltd applied for approval of the Age Clerical Employees Agreement 2016. The agreement was made under section 178 of the Fair Work Act 2009 and related to clerical employees of the company who were members of the Media, Entertainment and Arts Alliance. The dispute centred on whether the agreement met the requirements for approval under the Act.

The main legal issues the Commission had to resolve were whether the agreement was a genuine enterprise agreement, whether it complied with the provisions of the Act, and whether it met the "better off overall test". The company argued that the agreement was fair and reasonable, while the union contended that certain provisions did not meet the statutory standards.

The Commission examined the agreement in detail and found that it complied with the procedural requirements of the Act. It concluded that the agreement was genuinely negotiated between the parties and that it satisfied the "better off overall test". The Commission also found that the agreement met all other statutory requirements, including those relating to employee protections and dispute resolution.

The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees. The decision was made in light of the evidence presented and the Commission's assessment of the agreement's compliance with the Act. The company and the union were directed to implement the agreement in accordance with the terms set out.

The Age Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established