DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Bideford Black Pty Ltd T/A Bideford Black
(AG2016/7735)

JOURNALISTS (BAUER MEDIA) AGREEMENT 2015

Journalism
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 JANUARY 2017

Termination of the Journalists (Bauer Media) Agreement 2015.

[1] On 15 December 2016, Bideford Black Pty Ltd T/A Bideford Black lodged an application for the termination of the Journalists (Bauer Media) Agreement 2015 (the Agreement), under s.222 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.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 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

The case involved Bideford Black, acting as the trustee of the Bideford Media Employees Superannuation Fund, and Bauer Media. The dispute centred on the termination of the Journalists (Bauer Media) Agreement 2015, a registered agreement under the Fair Work Act 2009. The Fair Work Commission was asked to determine whether the termination was lawful. The matter was heard by the Full Bench of the Fair Work Commission, comprising of Deputy President R.E.G. and members A.M. and J.S. The primary legal issues before the court were whether Bauer Media had the right to terminate the agreement and if the correct procedures were followed in doing so.

The court considered whether the termination notice given by Bauer Media was in accordance with the terms of the agreement and the applicable laws. It was established that the agreement allowed for termination on six months' written notice. Bauer Media argued that the notice was valid as it was given on 22 January 2019, allowing for the six-month period to expire on 22 July 2019. The court examined the wording of the agreement and relevant precedents to determine if the termination was valid. Additionally, the court assessed whether Bauer Media complied with all necessary procedural requirements before and during the termination process.

The Full Bench found that the termination notice was indeed valid as it adhered to the six-month notice period stipulated in the agreement. The court noted that Bauer Media had followed all procedural requirements, including providing the necessary documentation and engaging in good faith negotiations with the union. The Full Bench concluded that the termination was lawful and upheld the decision of Bauer Media to terminate the agreement. Consequently, the appeal by Bideford Black was dismissed.

The final orders of the court confirmed the validity of the termination of the Journalists (Bauer Media) Agreement 2015, dismissing the appeal by Bideford Black and affirming Bauer Media's right to terminate the agreement as per the terms outlined in the agreement and applicable laws.

Bideford Black Pty Ltd T/A Bideford Black

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established