DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Herald Publishing Company Pty Ltd T/A Fremantle Herald
(AG2019/2575)

FREMANTLE HERALD JOURNALISTS AGREEMENT 2019

Publishing industry
COMMISSIONER WILLIAMS	PERTH, 12 SEPTEMBER 2019

Application for approval of the Fremantle Herald Journalists Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Herald Journalists Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Herald Publishing Company Pty Ltd T/A Fremantle Herald. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Herald Publishing Company Pty Ltd, trading as Fremantle Herald, applied to the Fair Work Commission for approval of the Fremantle Herald Journalists Agreement 2019. The application involved various terms and conditions of employment for journalists within the company. The respondents to the application included the Fremantle Herald Journalists Union and individual journalists. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the Fremantle Herald Journalists Agreement 2019 complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the court examined if the agreement was made in good faith, if proper consultation occurred, and if the agreement was fair and reasonable in all its terms. Additionally, the court assessed if the agreement appropriately balanced the interests of both the employer and the employees.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the Fremantle Herald Journalists Agreement 2019 met the statutory requirements for approval. The Commission noted that the agreement was made in good faith, and adequate consultation had taken place. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the court approved the agreement, finding that it appropriately balanced the interests of both the employer and the employees. The Commission's decision was based on a comprehensive analysis of the evidence and the relevant legal framework.

The Fair Work Commission approved the Fremantle Herald Journalists Agreement 2019, subject to the terms and conditions outlined in the decision. This decision provides clarity and legal certainty regarding the employment terms of journalists within the company, and it ensures compliance with the Fair Work Act.

The Herald Publishing Company Pty Ltd T/A Fremantle Herald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established