Thomson Reuters (Profesional) Australia Ltd

[2013] FWCA 1489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomson Reuters (Profesional) Australia Ltd
(AG2013/4975)

JOURNALISTS (LTA NEWS) AGREEMENT 2013-2015

Journalism
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 8 MARCH 2013

Application for approval of the Journalists (LTA News) Agreement 2013-2015.

[1] An application has been made for the approval of an enterprise agreement known as the Journalists (LTA News) Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Thomson Reuters (Professional) Australia Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Journalists (LTA News) Agreement 2013-2015. The dispute arose between Thomson Reuters and the Media, Entertainment and Arts Alliance, which represented the journalists employed by Thomson Reuters. The primary focus of the case was to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, particularly with regard to the criteria of being in the best interests of the employees and not prejudicing the employees’ ability to achieve an improved agreement in the future.

The legal issues before the Commission centred on whether the proposed agreement appropriately balanced the interests of the employees with those of the employer, and whether it contained provisions that would unduly restrict the employees' future bargaining rights. The Commission had to examine the terms and conditions outlined in the agreement, particularly those relating to pay, hours of work, and other employment conditions, to ascertain whether they were fair and reasonable. Additionally, the Commission assessed whether the agreement contained provisions that would prevent or hinder future collective bargaining.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement provided fair and reasonable terms and conditions of employment, which were in the best interests of the employees. The Commission also concluded that the agreement did not contain provisions that would unduly restrict the employees' future bargaining rights. Consequently, the Commission approved the Journalists (LTA News) Agreement 2013-2015, recognising it as a fair and reasonable agreement that balanced the interests of both the employer and the employees.

The Commission's decision to approve the agreement was based on a comprehensive analysis of the terms and conditions proposed, ensuring that they met the statutory requirements for approval under the Fair Work Act 2009. The final orders of the Commission included the formal approval of the agreement, allowing it to be implemented as a binding arrangement between Thomson Reuters and the journalists represented by the Media, Entertainment and Arts Alliance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established