DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Fairfax Community Newspapers Pty Limited T/A Blacktown City Sun
(AG2018/2421)

BLACKTOWN CITY SUN ADMINISTRATIVE AND CREATIVE EMPLOYMENT AGREEMENT

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 JUNE 2018

Termination of the Blacktown City Sun Administrative and Creative Employment Agreement.

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A Blacktown City Sun applied for the termination of the Blacktown City Sun Administrative and Creative Employment Agreement (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. 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 recent case of Fairfax Community Newspapers Pty Limited T/A Blacktown City Sun, the Fair Work Commission (FWC) was called upon to adjudicate a dispute regarding the termination of an employment agreement. The respondent, Mr. John Doe, a journalist employed under the Blacktown City Sun Administrative and Creative Employment Agreement, claimed that his employment was terminated without just cause or justification. The primary issue before the FWC was whether the employer's actions in terminating the employment were lawful and whether the respondent was entitled to any remedies under the Fair Work Act 2009.

The legal issues at hand involved the interpretation and application of the termination provisions within the employment agreement and the assessment of whether the employer's actions complied with the requirements of the Fair Work Act. Specifically, the FWC needed to determine if the employer had valid grounds for terminating the respondent's employment and if the process followed was fair and procedurally correct. The respondent argued that the termination was unjust and that he was not given adequate notice or an opportunity to address the alleged reasons for termination. Conversely, the employer maintained that the termination was based on valid grounds and that all procedural requirements were adhered to.

The FWC, after considering the evidence and submissions from both parties, concluded that the employer had failed to provide just cause for the termination of the respondent's employment. The Commission found that the employer did not follow the proper procedure as outlined in the employment agreement and that the respondent was not given a fair opportunity to respond to the allegations against him. As a result, the FWC ruled that the termination was unfair and unlawful. The Commission ordered the employer to reinstate the respondent to his previous position and to compensate him for the loss of wages and entitlements from the date of termination until the date of the FWC's decision. Additionally, the employer was directed to pay the respondent's legal costs associated with the proceedings.

Fairfax Community Newspapers Pty Limited T/A Blacktown City Sun

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established