DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomson Reuters (Professional) Australia Limited
(AG2016/4826)

JOURNALISTS (PSN NEWS) AGREEMENT 2016-2018

Journalism
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Journalists (PSN News) Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (PSN News) 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 Thomson Reuters (Professional) Australia Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thomson Reuters (Professional) Australia Limited, the applicant, sought approval for the Journalists (PSN News) Agreement 2016-2018 from the Fair Work Commission (FWC). The applicant argued that the agreement, which was intended to govern the terms and conditions of employment for journalists at PSN News, was appropriate for approval. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement adequately provided for the employees' pay and conditions, and if it was made in good faith. The applicant had to demonstrate that the agreement was not only fair and reasonable but also met the statutory requirements set out in the Act. The court had to consider if the agreement had been negotiated genuinely and if it was consistent with the principles of the Fair Work Act.

In its decision, the FWC noted that the agreement contained provisions for pay rates, penalties for non-compliance, and the procedure for resolving disputes. The applicant presented evidence of negotiations and consultations with the relevant union, demonstrating a genuine effort to reach a consensus. The FWC concluded that the agreement met the statutory criteria for approval as it provided for the employees' pay and conditions in a manner that was fair and reasonable. The court found that the agreement was made in good faith and was consistent with the principles of the Act.

The FWC approved the Journalists (PSN News) Agreement 2016-2018, acknowledging that it provided for the employees' pay and conditions in a fair and reasonable manner. The decision highlighted the importance of genuine negotiations and consultations in reaching an agreement that met the statutory requirements. The approval of the agreement was seen as a balanced approach that recognised the rights of both the employer and the employees.

Thomson Reuters (Professional) Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established