DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yaffa Media Pty Ltd T/A Yaffa Media
(AG2015/7552)

JOURNALISTS (YAFFA MEDIA PTY LTD) ENTERPRISE AGREEMENT 2015.

Publishing industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 DECEMBER 2015

Application for approval of the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2015. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yaffa Media Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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 them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yaffa Media Pty Ltd, trading as Yaffa Media, applied for approval of the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2015. The application was heard in the Fair Work Commission, where the parties contested the terms of the proposed agreement. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning procedural fairness and the interests of the employees.

The Commission examined the process by which the agreement was negotiated and the extent to which the employees were afforded a genuine opportunity to participate in the process. The applicants argued that the agreement was fairly negotiated and represented the employees' interests, while the respondents contended that the process was flawed and the agreement did not adequately reflect the employees' views. The Commission assessed the evidence provided and the arguments presented by both parties, focusing on the fairness of the negotiation process and the adequacy of the agreement's provisions.

In its decision, the Commission determined that the agreement was procedurally fair and met the requirements of the Fair Work Act. The Commission found that the negotiation process was conducted in good faith and that the employees had been given a meaningful opportunity to participate. The Commission also concluded that the terms of the agreement were fair and balanced, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2015.

The Fair Work Commission approved the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2015, finding that it was fairly negotiated and met the statutory requirements.

Yaffa Media Pty Ltd T/A Yaffa Media

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established