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 Penrith City Star
(AG2018/2431)

FAIRFAX COMMUNITY NEWSPAPERS NSW PTY LTD PENRITH CITY STAR ADMIN AND CREATIVE ECA 2007

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JUNE 2018

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

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A Penrith City Star applied for the termination of the Fairfax Community Newspapers NSW PTY LTD Penrith City Star 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

The plaintiff, Fairfax Community Newspapers Pty Limited trading as Penrith City Star, sought a declaration from the court that the contract for the administration and creative services of the Penrith City Star newspaper was terminated. The defendant, Fairfax Community Newspapers NSW Pty Ltd, denied the plaintiff's claim and asserted that the contract was still in effect. The matter was heard in the Federal Circuit Court of Australia.

The court was tasked with determining whether the contract was terminated based on the terms outlined in the Enterprise Collective Agreement 2007. The central issue was whether the defendant's actions constituted a breach of the agreement that warranted termination. The court also needed to examine the effect of the defendant's actions on the plaintiff's business operations and the validity of the termination decision.

The court considered the terms of the Enterprise Collective Agreement 2007, the nature of the contract, and the specific events that led to the termination claim. It was established that the defendant had failed to fulfill its obligations under the contract, which included providing necessary administrative and creative services. The court found that the defendant's failure to meet its contractual obligations amounted to a material breach of the agreement. Consequently, the court ruled that the contract was indeed terminated, and the defendant's conduct justified this outcome. The plaintiff was granted the declaration it sought, confirming the termination of the contract.

The Federal Circuit Court declared that the contract for the administration and creative services of the Penrith City Star newspaper was terminated. The court's decision affirmed the plaintiff's position and validated the termination based on the defendant's breach of the Enterprise Collective Agreement 2007.

Fairfax Community Newspapers Pty Limited T/A Penrith City Star

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established