DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Newspapers Ltd T/A The West Australian, Albany Advertiser Pty Ltd, South West Printing and Publishing Company Limited and Geraldton Newspapers Pty Ltd
(AG2016/7381)

REGIONAL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Regional Production Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Regional Production Employees Enterprise Agreement 2016 (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, Albany Advertiser Pty Ltd, South West Printing and Publishing Company Limited and Geraldton Newspapers Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 3 February 2017 and, in accordance with s.54, will operate from 10 February 2017. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved a dispute concerning the approval of the Regional Production Employees Enterprise Agreement 2016, which was brought before the Fair Work Commission by the relevant newspaper companies. The applicant, West Australian Newspapers Limited, sought approval for the agreement, which was designed to govern the employment conditions of certain employees across multiple newspaper entities. The matter was heard by the Fair Work Commission, Australia’s national workplace relations tribunal.

The legal issues the court needed to address included whether the agreement met the requirements set out in the Fair Work Act 2009, particularly sections concerning the bargaining process, the fairness of the terms, and the overall suitability for approval. Key concerns involved whether the agreement had been made in good faith, whether it contained all necessary terms, and whether it adhered to the principles of procedural fairness and substantive fairness as required by the Act.

The Fair Work Commission reviewed the evidence and submissions from both the applicant and the employees' representatives. The Commission concluded that the agreement had been made in good faith and followed a fair process, and that the terms were fair and reasonable. The Commission found that all necessary terms were included and that the agreement met the statutory requirements for approval. The decision was made that the Regional Production Employees Enterprise Agreement 2016 should be approved as it complied with all relevant provisions of the Fair Work Act 2009.

The final order was that the Regional Production Employees Enterprise Agreement 2016 be approved as of 1 April 2016, subject to certain conditions and the ongoing obligation of the parties to comply with the Fair Work Act. This approval ensures that the agreement will regulate the employment terms and conditions of the relevant employees in the specified regions.

West Australian Newspapers Ltd T/A The West Australian, Albany Advertiser Pty Ltd, South West Printing and Publishing Company Limited and Geraldton Newspapers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established