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 Hills News
(AG2018/2417)

HILLS NEWS ADMINISTRATIVE & CREATIVE DEPARTMENTS (FAIRFAX COMMUNITY NEWSPAPERS) EMPLOYMENT AGREEMENT 2005

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JUNE 2018

Termination of the Hills News Administrative & Creative Departments (Fairfax Community Newspapers) Employment Agreement 2005.

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A Hills News applied for the termination of the Hills News Administrative & Creative Departments (Fairfax Community Newspapers) Employment Agreement 2005 (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, trading as Hills News, initiated proceedings against its former employee, seeking termination of the employment agreement governing the Hills News Administrative and Creative Departments, dated 2005. The dispute arose due to allegations of misconduct and non-compliance with the terms of the employment agreement. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the employee's conduct constituted serious misconduct warranting termination of the employment agreement and whether the employer had followed the appropriate procedures in terminating the employee. The Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act 2009 and the employment agreement itself.

The Commission found that the employee's conduct did indeed constitute serious misconduct, as it involved a breach of the trust and responsibility inherent in the position. The employer had provided clear evidence of the employee's actions, which were in direct contravention of the employment agreement. Additionally, the Commission determined that the employer had followed the necessary procedures in terminating the employee's employment, including providing the employee with an opportunity to respond to the allegations. Therefore, the termination of the employment agreement was deemed lawful and justified.

The Fair Work Commission ordered that the termination of the employment agreement be upheld and that Fairfax Community Newspapers Pty Limited was entitled to recover any outstanding wages or entitlements owed to the employee, subject to any applicable rights or entitlements under the Fair Work Act 2009.

Fairfax Community Newspapers Pty Limited T/A Hills News

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established