DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The North Queensland Newspaper Company Pty Limited, APN Printing Services Pty Limited T/A News Corp Australia
(AG2017/6207)

NEWS CORP AUSTRALIA - REGIONAL QUEENSLAND PRODUCTION ENTERPRISE AGREEMENT 2017

Publishing industry
COMMISSIONER SIMPSON	BRISBANE, 6 JUNE 2018

Application for approval of the News Corp Australia - Regional Queensland Production Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the News Corp Australia - Regional Queensland Production Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The North Queensland Newspaper Company Pty Limited, APN Printing Services Pty Limited T/A News Corp Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The North Queensland Newspaper Company Pty Limited and APN Printing Services Pty Limited, trading as News Corp Australia, applied to the Fair Work Commission for the approval of the News Corp Australia - Regional Queensland Production Enterprise Agreement 2017. This application arose from the need to formalise employment terms and conditions for certain employees within the regional Queensland production sector. The application was brought before the Commission to ensure compliance with the Fair Work Act 2009 and to verify that the agreement met the necessary criteria for approval.

The legal issues before the Court centred on whether the proposed enterprise agreement was fair and if it complied with the statutory requirements set out in the Fair Work Act. Specifically, the Court had to consider whether the agreement provided for the proper classification of employees, adequate pay and conditions, and if it adhered to procedural fairness. The Court also needed to ensure that the agreement did not unfairly disadvantage any group of employees and that it was not contrary to public policy.

In delivering its decision, the Fair Work Commission examined the contents of the agreement in detail. It assessed the agreement's provisions against the criteria outlined in the Fair Work Act, including whether the agreement was certified by an independent certifier and whether it was made in good faith. The Court found that the agreement was fair and met all the legal requirements for approval. It was noted that the agreement provided for fair compensation, reasonable working conditions, and that it was made without any procedural unfairness. Consequently, the Court approved the News Corp Australia - Regional Queensland Production Enterprise Agreement 2017, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the Court were that the News Corp Australia - Regional Queensland Production Enterprise Agreement 2017 be approved and registered. This decision facilitated the formalisation of employment terms and conditions for the employees covered by the agreement, providing a stable and legally binding framework for their working relationship.

The North Queensland Newspaper Company Pty Limited, APN Printing Services Pty Limited T/A News Corp Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established