austlii:cth/FWCA/2025/4446
General information, not legal advice.
FWCA
2025-12-24
Original judgment source is linked above.
s.185 - Enterprise agreement
Agricultural Publishers Pty Limited; Rural Press Queensland Pty Ltd; Stock Journal Publishers Pty Ltd; Western Australian Primary Industry Press Pty Ltd
JOURNALISTS AGRICULTURAL MEDIA ENTERPRISE AGREEMENT 2025
Journalists Agricultural Media Enterprise Agreement 2025
[1] This decision concerns an application for approval of the Journalists Agricultural Media Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act), by Agricultural Publishers Pty Limited, Rural Press Queensland Pty Ltd, Stock Journal Publishers Pty Ltd, and Western Australian Primary Industry Press Pty Ltd (the Employers). The Agreement is a single enterprise agreement.
[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.
[3] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Employers and the Media, Entertainment and Arts Alliance (MEAA), which was a bargaining representative for the Agreement. The concern related to the wage rate of Level 1 employees, which was less than the equivalent wage rate in the relevant modern award. This gave rise to a BOOT concern. The Employers proposed an undertaking to address this concern. The Commission sought the views of the MEAA as to the undertaking. The MEAA advised the Commission that it did not object to the undertaking. I accept the undertaking. In doing so, I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.
[4] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Employers and the MEAA. The concern related to clause 20.4(b), which concerns the notice requirements for taking carer's leave. The concern being that some of those requirements may be inconsistent with the National Employment Standards (NES). I sought the views of the Employers and the MEAA as to whether the Employers wished to rely upon clause 5.1 of the Agreement, which may be best described as a NES precedence clause, to address any such inconsistency. The Employers confirmed that it did. The MEAA advised the Commission that it did not object. Such confirmation by the Employers resolves this concern.
[5] Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.
[6] Section 201 of the FW Act requires the approval decision to note certain matters. The first matter is that the Media, Entertainment and Arts Alliance has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Media, Entertainment and Arts Alliance. The second matter is that the Agreement is approved with the undertaking that is attached at Annexure A, which is taken to be a term of this Agreement.
[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 31 December 2025. The nominal expiry date of the Agreement is 31 December 2028.
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