West Australian Newspapers Ltd

[2014] FWCA 1400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

West Australian Newspapers Ltd
(AG2014/3748)

REGIONAL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CLOGHAN	PERTH, 26 FEBRUARY 2014

Application for approval of the Regional Production Employees Enterprise Agreement 2014.

[1] On 19 February 2014, West Australian Newspapers Ltd made application for approval of a single enterprise agreement to be known as the Regional Production Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 5 February 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) has declared that the AMWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 5 March 2014.

[7] The nominal expiry date of this Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Australian Newspapers Limited applied to the Fair Work Commission for approval of the Regional Production Employees Enterprise Agreement 2014. The application was opposed by the Australian Journalists’ Association. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. The legal issues involved assessing whether the agreement provided for minimum entitlements, contained no provisions that would have an adverse effect on employees, and adhered to the criteria outlined in the legislation for enterprise agreements. The Commission considered the provisions of the agreement, submissions from the parties, and relevant legislative provisions.

The Fair Work Commission found that the Regional Production Employees Enterprise Agreement 2014 provided for minimum entitlements as required by the Fair Work Act 2009. The Commission determined that there were no provisions that would have an adverse effect on employees and that the agreement met the criteria for approval under the Act. The Commission noted the submissions from the Australian Journalists' Association but concluded that the agreement was fair and reasonable, and thus approved the application. The Commission emphasised the importance of the agreement's provisions in ensuring fair treatment of employees while balancing the interests of the employer and the workforce.

In summary, the Fair Work Commission approved the Regional Production Employees Enterprise Agreement 2014, finding it to be compliant with the Fair Work Act 2009 and fair and reasonable in its terms. The decision highlighted the Commission's consideration of the statutory requirements and the balance of interests in enterprise agreements. The approval of the agreement was based on its provision of minimum entitlements and the absence of any adverse effects on employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established