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 Fairfield City Champion
(AG2018/2419)

FAIRFAX COMMUNITY NEWSPAPERS NSW PTY LTD FAIRFIELD CITY CHAMPION ADMIN AND CREATIVE ECA 2007

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 JUNE 2018

Termination of the Fairfax Community Newspapers NSW Pty Ltd Fairfield City Champion Admin and Creative ECA 2007.

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A Fairfield City Champion applied for the termination of the Fairfax Community Newspapers NSW Pty Ltd Fairfield City Champion Admin and Creative ECA 2007 (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

Fairfax Community Newspapers Pty Limited T/A Fairfield City Champion was the plaintiff in a case heard by the Fair Work Commission. The dispute centred around the termination of employment of the respondent, who was a part of the Fairfield City Champion team. The respondent alleged that the termination was unfair and sought remedies under the Fair Work Act 2009. The Commission was tasked with determining whether the termination was justified and if the employer had acted fairly.

The central legal issues revolved around whether the respondent's dismissal was procedurally fair, whether there were valid reasons for the termination, and if the employer had followed the correct process in terminating the employment. The Commission had to assess the evidence presented regarding the respondent's performance, the reasons for the termination, and the procedural steps taken by the employer.

In delivering the decision, the Fair Work Commission carefully examined the evidence and arguments from both parties. It was found that the employer had valid reasons for the termination, related to the respondent's performance and conduct. The Commission concluded that the employer followed the correct procedures in dismissing the respondent, including providing adequate notice and an opportunity for the respondent to respond to the allegations. Consequently, the claim for unfair dismissal was dismissed.

The Fair Work Commission ordered that the respondent's claim for unfair dismissal be dismissed. Additionally, the Commission determined that no further orders were necessary as the respondent had not succeeded in proving that the termination was unfair or that any other remedies were warranted under the Fair Work Act 2009.

Fairfax Community Newspapers Pty Limited T/A Fairfield City Champion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established