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 St George Leader
(AG2018/2424)

ST GEORGE AREA LEADER ADMINISTRATIVE AND CREATIVE EMPLOYMENT AGREEMENT

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 JUNE 2018

Termination of the St George Area Leader Administrative and Creative Employment Agreement.

[1] On 5 June 2018, Fairfax Community Newspapers Pty Limited T/A St George Leader applied for the termination of the St George Area Leader 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

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CaseChat Overview and Summary

In the case of Fairfax Community Newspapers Pty Limited T/A St George Leader, the dispute centred on the termination of the St George Area Leader Administrative and Creative Employment Agreement. The plaintiff, the publisher, sought to terminate the employment of the defendant, an employee, citing various breaches of contract. The matter was heard by the Fair Work Commission, which was tasked with determining whether the employer had just cause to terminate the contract and whether the employee had engaged in the alleged misconduct.

The primary legal issues before the Commission were whether the employer had followed the correct procedure in terminating the employee's contract and whether the alleged misconduct by the employee warranted such termination. The Commission had to consider the procedural fairness of the termination process, including whether the employee was given adequate notice and an opportunity to respond to the allegations. Additionally, the Commission needed to assess the validity of the employer's grounds for termination, focusing on whether the employee's actions genuinely constituted serious misconduct.

The Commission concluded that the employer had failed to follow proper procedural steps in terminating the employee's contract, as the employee was not provided with adequate notice and an opportunity to respond to the allegations. Furthermore, the Commission found that the employer's grounds for termination were not substantiated, as the alleged misconduct did not meet the threshold of serious misconduct. The Commission ruled that the termination was unjust and ordered the employer to reinstate the employee and pay compensation for the wrongful termination.

The final orders included the reinstatement of the employee to their former position, with back pay for the period of the wrongful termination, and additional compensation for the distress and inconvenience caused by the employer's actions. The employer was also directed to apologise to the employee for the procedural breaches and the impact of the wrongful termination.

Fairfax Community Newspapers Pty Limited T/A St George Leader

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established