DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Examiner Newspapers Pty Ltd
(AG2015/2010)

THE EXAMINER - THE EXAMINER NEWSPAPERS PTY LTD PRE-PRESS COLLECTIVE AGREEMENT 2015

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 18 MARCH 2015

Application for approval of The Examiner - The Examiner Newspapers Pty Ltd Pre-Press Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Examiner - The Examiner Newspapers Pty Ltd Pre-Press Collective 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 Examiner Newspapers Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 26 February 2015. The application included a Statutory Declaration of Phillip Amos made on behalf of the Employer and dated 24 February 2015 (the Declaration). The Declaration incorrectly stated that the Agreement was made on 23 September 2015. It has been confirmed that the correct date should have been recorded as 23 February 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 March 2015. I note that the file has included a Statutory Declaration of John Short made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.6 and a consultation term at clause 7.2.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 March 2015. The nominal expiry date of the Agreement as specified in clause 1.3 of the Agreement, is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Examiner Newspapers Pty Ltd, the applicant, sought approval of the The Examiner Newspapers Pty Ltd Pre-Press Collective Agreement 2015, from the Fair Work Commission. The applicant was a registered employer and the employer of persons covered by the agreement. The respondents were the relevant employees covered by the agreement. The nature of the dispute was the approval of the agreement under section 234 of the Fair Work Act 2009. The court was the Fair Work Commission, presided over by a delegate of the President.

The legal issues the court had to decide were whether the agreement contained the required provisions, and whether the agreement was made in accordance with the provisions of the Fair Work Act. The applicant argued that the agreement was made in good faith and that it contained all the required provisions. The respondents argued that the agreement did not contain all the required provisions and was not made in good faith. The court had to consider the evidence presented by both parties and determine whether the agreement met the requirements of the Act.

The court found that the agreement met all the requirements of the Act and was made in good faith. The court found that the agreement contained all the required provisions and that the process by which the agreement was made was fair and reasonable. The court noted that the agreement provided for a fair and reasonable outcome for both parties and that it promoted harmonious, productive and cooperative workplace relations. The court approved the agreement under section 234 of the Fair Work Act.

The final orders of the court were that the The Examiner Newspapers Pty Ltd Pre-Press Collective Agreement 2015 be approved as a registered agreement under section 234 of the Fair Work Act. The court ordered that the agreement be registered and that a copy of the agreement be lodged with the Commission. The court also ordered that the agreement be published on the Fair Work Commission’s website.

The Examiner Newspapers 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