DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Newspapers Ltd t/a The West Australian
(AG2015/6644)

WEST AUSTRALIAN NEWSPAPERS EDITORIAL ENTERPRISE BARGAINING AGREEMENT (EBA) 2015

Journalism
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the West Australian Newspapers Editorial Enterprise Bargaining Agreement (EBA) 2015.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Newspapers Editorial Enterprise Bargaining Agreement (EBA) 2015 (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 Ltd t/a The West Australian. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of West Australian Newspapers Ltd t/a The West Australian, the Fair Work Commission (FWC) was tasked with approving an enterprise bargaining agreement (EBA) for the newspaper's editorial staff. The application for approval was brought forth by the employer, West Australian Newspapers Ltd, and the union involved was the Media, Entertainment and Arts Alliance (MEAA). The crux of the dispute lay in the negotiation and terms of the EBA, which aimed to govern the employment conditions of the editorial staff at the newspaper.

The central legal issue that the FWC had to address was whether the EBA met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the EBA was genuinely negotiated, covered a single enterprise, and was in the best interests of the employees. The employer argued that the agreement was fairly negotiated and would benefit the editorial staff, while the union contended that certain terms of the EBA did not adequately represent the employees' interests.

After thorough deliberation, the FWC found that the EBA was genuinely negotiated between the employer and the union, and it covered the correct enterprise. However, the FWC identified several provisions in the EBA that it deemed not to be in the best interests of the employees. These provisions included certain terms regarding redundancy payments, which the FWC considered to be less favourable than those provided under the general law. Consequently, the FWC ordered amendments to these provisions, ensuring that they aligned with the employees' best interests. The FWC ultimately approved the EBA with the amended provisions, allowing it to come into effect as a legally binding agreement between the parties.

West Australian Newspapers Ltd t/a The West Australian

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established