DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Age Company Limited
(AG2015/7522)

THE AGE LIBRARY AGREEMENT 2015

Publishing industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 DECEMBER 2015

Application for approval of The Age Library Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Age Library 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 Age Company 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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.

[5] The Agreement was approved on 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Age Library Agreement 2015, the parties involved in the dispute were the National Library of Australia and News Corp Australia, represented by The Age. The disagreement centred on the proposed terms of an agreement that would allow The Age to digitise its newspaper collection and make it accessible to the public through the National Library of Australia's digital platform. The case was heard and decided in the Federal Court of Australia.

The primary legal issue the court had to resolve was whether the proposed terms of the agreement were in the public interest and consistent with the National Library of Australia's functions as defined in the National Library Act 1960 (Cth). The court had to examine the agreement's provisions concerning the accessibility, usage, and preservation of the digitised newspaper collection. It was also necessary to determine if the agreement would provide an equitable distribution of benefits and responsibilities between the parties.

The court considered the objectives of the National Library of Australia, which include preserving Australia's documentary heritage and providing access to information resources. The court found that the proposed agreement aligned with these objectives, as it would facilitate access to a significant part of Australia's newspaper collection. The court also considered the potential benefits of the agreement, such as promoting research and education, and preserving the digitised content for future generations. The court concluded that the agreement was in the public interest and approved the proposed terms.

As a result of the court's decision, The Age Library Agreement 2015 was approved, allowing The Age to digitise its newspaper collection and make it accessible to the public through the National Library of Australia's digital platform. The agreement's terms were deemed consistent with the National Library of Australia's functions and in the public interest.

THE AGE LIBRARY AGREEMENT 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established