West Australian Newspapers Limited Summary

[2022] FWCA 1534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

West Australian Newspapers Limited

(AG2022/1297)

West Australian Newspapers Production Employees Enterprise Agreement 2022

Publishing industry
DEPUTY PRESIDENT BINET	PERTH, 6 MAY 2022

Application for the Approval of the West Australian Newspapers Production Employees Enterprise Agreement 2022

An application has been made (Application) by West Australian Newspapers Ltd (WAN) pursuant to s.185 of the Fair Work Act 2009 (FW Act) for approval of an enterprise agreement known as the Western Australian Newspapers Production Employees Enterprise Agreement 2022 (Agreement).

The Agreement is a single enterprise agreement.

I note that, to the extent that there is any inconsistency between the terms of the Agreement and the National Employment Standards (NES), clause 5.2 of the Agreement provides that the NES will apply to the extent of any inconsistency.

In addition to the materials which accompanied the Application WAN provided additional materials which have satisfied me that the steps taken to notify employees to be covered by the Agreement were reasonable and that the casual employees who were balloted were eligible to participate in the voting process.

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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 6 May 2026.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

West Australian Newspapers Limited applied to the Fair Work Commission for approval of the West Australian Newspapers Production Employees Enterprise Agreement 2022. The application was made under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement which, in the event of any inconsistency with the National Employment Standards, will apply the NES to the extent of any inconsistency. The application was accompanied by materials that satisfied the Deputy President that the steps taken to notify employees were reasonable, and that casual employees who were balloted were eligible to participate in the voting process. The Deputy President was also satisfied that the requirements of sections 186, 187 and 188 of the Fair Work Act were met.

The Deputy President noted that the Construction, Forestry, Maritime, Mining and Energy Union, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia had given notice that they wanted the agreement to cover them, and that the agreement does cover these organisations. The Deputy President approved the agreement, and it will operate from seven days after the date of approval, until 6 May 2026, being the nominal expiry date.

West Australian Newspapers Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established