DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yaffa Media Pty Ltd
(AG2018/7360)

JOURNALISTS (YAFFA MEDIA PTY LTD) ENTERPRISE AGREEMENT 2018

Publishing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2019

Application for approval of the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2018

[1] Yaffa Media Pty Ltd has made an application for approval of an enterprise agreement known as the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 May 2019 and, in accordance with s 54, will operate from 16 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Yaffa Media Pty Ltd applied for approval of the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2018 before the Fair Work Commission. The applicants were represented by counsel, while the respondents, the News Media and Digital Platforms Mandatory Bargaining Fund and the Australian Journalists' Association, were represented by their respective officials. The dispute centred on the terms and conditions of employment for journalists at the company, particularly regarding pay rates, classification, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms and conditions as required by the Act and if it complied with the procedural requirements for the approval of enterprise agreements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it promoted the harmonious, productive, and economic development of industrial relations.

The Fair Work Commission found that the proposed enterprise agreement complied with the mandatory terms and conditions stipulated in the Fair Work Act. The Commission also concluded that the procedural requirements for the approval of the agreement were met, including the provision of relevant information to employees and the opportunity for employees to vote on the agreement. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and would promote the harmonious, productive, and economic development of industrial relations. Accordingly, the Commission approved the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2018.

The Commission ordered that the enterprise agreement be registered by the Registrar of the Fair Work Commission and that it would have effect from the date of registration. The agreement was to be in force for a period of five years, subject to the right of the parties to apply for early termination or variation of the agreement. The Commission also ordered that any disputes arising out of or in connection with the agreement would be dealt with in accordance with the relevant provisions of the Fair Work Act.

Yaffa Media 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