DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sunshine Coast Newspaper Company Pty Ltd T/A Sunshine Coast Newspapers
(AG2016/7030)

THE SUNSHINE COAST NEWSPAPER COMPANY PTY LTD (JOURNALISTS’) ENTERPRISE AGREEMENT 2016-2018

Publishing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2016

Application for approval of The Sunshine Coast Newspaper Company Pty Ltd (Journalists’) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Sunshine Coast Newspaper Company Pty Ltd (Journalists’) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Sunshine Coast Newspaper Company Pty Ltd T/A Sunshine Coast Newspapers. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 December 2016 and, in accordance with s.54, will operate from 29 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sunshine Coast Newspaper Company Pty Ltd, trading as Sunshine Coast Newspapers, sought approval for the Journalists’ Enterprise Agreement 2016-2018 from the Fair Work Commission. The applicant, a newspaper publisher, aimed to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The application followed the negotiation of the agreement with the Queensland Journalists’ Union, which represented the company’s journalists.

The primary legal issue before the Fair Work Commission was whether the terms and conditions outlined in the enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the mandated minimum entitlements, was reasonably capable of being fairly negotiated, and did not unfairly discriminate against any individual or group of employees. Additionally, the Commission assessed whether the agreement was in the public interest and whether it was made in good faith.

The Commission, after reviewing the evidence and submissions from both parties, found that the enterprise agreement complied with all statutory requirements. It contained all the mandated minimum entitlements, was reasonably capable of being fairly negotiated, and did not unfairly discriminate against any group of employees. The Commission also concluded that the agreement was in the public interest and had been made in good faith. Therefore, the Commission approved the Journalists’ Enterprise Agreement 2016-2018.

The final orders of the Commission were that the Journalists’ Enterprise Agreement 2016-2018 be approved as a certified agreement, effective from the date of the Commission’s decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would remain in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

The Sunshine Coast Newspaper Company Pty Ltd T/A Sunshine Coast Newspapers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established