DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Fairfax Media Publications Pty Limited T/A Fairfax Imaging Centre
(AG2015/5569)

FAIRFAX IMAGING CENTRE CERTIFIED AGREEMENT 2010

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 SEPTEMBER 2015

Application for termination of the Fairfax Imaging Centre Certified Agreement 2010.

[1] On 18 September 2015 Fairfax Media Publications Pty Limited, trading as Fairfax Imaging Centre, made an application to terminate the Fairfax Imaging Centre Certified Agreement 2010 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] Pursuant to s.225 of the Act, and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[3] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Fairfax Media Publications Pty Limited, trading as Fairfax Imaging Centre, and the relevant union. The dispute centred on an application to terminate the Fairfax Imaging Centre Certified Agreement 2010. The case was heard in the Federal Court of Australia.

The legal issues before the court included whether the conditions for terminating a certified agreement under the Fair Work Act 2009 were met. Specifically, the court needed to determine if the application met the requirements for termination and if the process followed was fair and lawful. The court also considered whether the application was made in good faith and whether the union had been given a reasonable opportunity to respond.

In its reasoning, the court noted that the application to terminate the agreement was made by the employer and was subject to the provisions of the Fair Work Act. The court found that the application did not meet the criteria for termination under the Act, as it did not satisfy the conditions regarding the conduct of the union or the agreement's unworkability. The court also highlighted that the union had been given a reasonable opportunity to respond and that the process followed was fair. Ultimately, the court decided that the application should be dismissed as it did not meet the statutory requirements.

The final orders of the court were that the application for termination of the Fairfax Imaging Centre Certified Agreement 2010 be dismissed. The court further directed that the certified agreement remain in force and effect, and that the parties continue to be bound by its terms until further order of the court.

Fairfax Media Publications Pty Limited T/A Fairfax Imaging Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established