DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Newspapers Limited
(AG2019/3961)

SEVEN WEST MEDIA (WA) EDITORIAL ENTERPRISE AGREEMENT 2019

Journalism
COMMISSIONER WILLIAMS	PERTH, 29 OCTOBER 2019

Application for approval of the Seven West Media (WA) Editorial Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Seven West Media (WA) Editorial Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Australian Newspapers Limited. The Agreement is a single enterprise agreement.

[2] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Australian Newspapers Limited, trading as 7West, brought an application to the Fair Work Commission (FWC) for approval of the Seven West Media (WA) Editorial Enterprise Agreement 2019. The application followed a bargaining process between the parties, which ultimately led to the proposed agreement. The respondent, the Communications, Electrical and Plumbing Union of Australia, objected to the approval of the agreement on various grounds.

The central legal issue before the FWC was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The FWC needed to assess if the agreement was a genuine enterprise agreement, whether it complied with the process requirements, and if it included the necessary minimum terms and conditions as stipulated by the Act. Additionally, the FWC had to consider the union's objections to ensure the agreement was fair and reasonable for the employees it covered.

In its decision, the FWC found that the agreement was a genuine enterprise agreement that resulted from a genuine process of bargaining. The FWC also determined that the agreement satisfied the statutory minimum standards and addressed the union's concerns by ensuring that the agreement was fair and reasonable for the employees. The FWC acknowledged the union's objections but concluded that they did not warrant refusal of the agreement's approval. The FWC approved the Seven West Media (WA) Editorial Enterprise Agreement 2019, finding it met all the necessary criteria for approval.

The FWC ordered the approval of the Seven West Media (WA) Editorial Enterprise Agreement 2019, effective from the date of the decision. The agreement would apply to the employees of West Australian Newspapers Limited, as defined in the agreement. The union's objections were overruled, and the agreement was approved in its entirety. The decision provided certainty to both parties and ensured that the agreement would operate as intended, governing the employment conditions of the employees covered by the agreement.

West Australian Newspapers Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established