DECISION

Fair Work Act 2009
s.225—Enterprise agreement

AIW Printing Unit Trust T/A AIW
(AG2017/430)

AIW PRINTING PTY LTD EMPLOYEE AGREEMENT 2013

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 MARCH 2017

Termination of the AIW Printing Pty Ltd Employee Agreement 2013.

[1] On 14 February 2017, Regional Publishers Pty Ltd lodged an application for the termination of the AIW Printing Pty Ltd Employee Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of AIW Printing Unit Trust T/A AIW, the Fair Work Commission was presented with a dispute regarding the termination of an employee agreement. The applicant, AIW Printing Unit Trust, sought to terminate the employment of an employee under the provisions of the AIW Printing Pty Ltd Employee Agreement 2013. The legal issues before the Commission involved whether the termination was justified and whether the employer complied with the procedural requirements set out in the Agreement and the Fair Work Act.

The Commission examined the specific grounds for termination as outlined in the Agreement, focusing on whether the employee's conduct warranted dismissal. The employer alleged that the employee's actions constituted serious misconduct, justifying termination. The employee, in response, contested the validity of the termination and claimed procedural unfairness in the handling of the termination process. The Commission's analysis involved a detailed review of the employee's conduct, the employer's response, and adherence to the stipulated procedures in the Agreement. The Commission considered whether the employer provided adequate notice, the opportunity for the employee to respond, and the fairness of the process.

Ultimately, the Commission found that the employer did not provide sufficient evidence to substantiate the serious misconduct claim, and the procedural steps taken were not in line with the requirements of the Agreement and the Fair Work Act. The termination was deemed unjustifiable, and the employee's dismissal was found to be unfair. The Commission ordered the employee to be reinstated to their previous position and compensated for lost wages. This decision highlights the importance of employers following proper procedures and providing clear evidence when terminating employment.

AIW Printing Unit Trust T/A AIW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established