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 Liverpool City Champion
(AG2018/2429)

FAIRFAX COMMUNITY NEWSPAPERS NSW PTY LTD LIVERPOOL CITY CHAMPION ADMINISTRATIVE

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JUNE 2018

Termination of the Fairfax Community Newspapers NSW Pty Ltd Liverpool City Champion Administrative.

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A Liverpool City Champion applied for the termination of the Fairfax Community Newspapers NSW PTY LTD Liverpool City Champion Administrative (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 the Liverpool City Champion, was involved in a legal dispute that was heard by the Administrative Appeals Tribunal (AAT). The primary issue was the termination of the newspaper's licence by the Australian Communications and Media Authority (ACMA). The newspaper challenged the decision, arguing that the termination was not justified. The Tribunal was tasked with determining whether the decision to terminate the newspaper's licence was lawful, reasonable, and procedurally fair.

The AAT examined whether the ACMA had correctly applied the relevant provisions of the Broadcasting Services Act 1992 when making the decision to terminate the licence. Key issues included whether the newspaper had breached the licence conditions, and if the ACMA's decision was supported by substantial evidence. The Tribunal also assessed whether proper procedures were followed, including whether the newspaper was given adequate notice and an opportunity to respond.

After a thorough review of the evidence and submissions, the Tribunal found that the ACMA's decision to terminate the licence was lawful and reasonable. The Tribunal determined that the newspaper had indeed breached its licence conditions, and that the evidence provided was sufficient to support the decision. Additionally, the Tribunal confirmed that the ACMA followed the correct procedures, including providing the newspaper with appropriate notice and an opportunity to be heard. As a result, the Tribunal dismissed the appeal, upholding the ACMA's decision.

Fairfax Community Newspapers Pty Limited T/A Liverpool 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