austlii:cth/FWCA/2025/3644
General information, not legal advice.
FWCA
2025-10-31
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
JOURNALISTS (YAFFA MEDIA PTY LTD) ENTERPRISE AGREEMENT 2025
Application for approval of the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Journalists (Yaffa Media Pty Ltd) Enterprise Agreement 2025 (the Agreement). The application is made under section 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 these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
[3] I note that the following provisions are likely to be inconsistent with the National Employment Standards:
Clauses 25.2(b), 25.5(c) - Personal/carer's leave
Clauses 4.1, 4.2 - Redundancy
[4] However, noting clauses 25.1 and 5 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.
[5] Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[6] The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 4 September 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[7] The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[8] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
[9] The Agreement is approved today 31 October 2025. It will operate from 7 November 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.
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