DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Federal Capital Press of Australia Pty Limited T/A The Cronicle
(AG2015/5567)

THE FEDERAL CAPITAL PRESS OF AUSTRALIA PTY LIMITED ELECTRONIC PRE-PRESS COLLECTIVE WORKPLACE AGREEMENT 2011

Publishing industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 SEPTEMBER 2015

Application for termination of the Federal Capital Press of Australia Pty Limited Electronic Pre-Press Collective Workplace Agreement 2011.

[1] On 18 September 2015 the Federal Capital Press of Australia Pty Limited, trading as The Cronicle, made an application to terminate The Federal Capital Press of Australia Pty Limited Electronic Pre-Press Collective Workplace Agreement 2011 (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

The case before the Fair Work Commission involved Federal Capital Press of Australia Pty Limited trading as The Chronicle, seeking termination of the Federal Capital Press of Australia Pty Limited Electronic Pre-Press Collective Workplace Agreement 2011. The primary dispute centred on the terms of the agreement and the applicability of specific provisions under the Fair Work Act 2009. The applicant sought to terminate the agreement due to changes in the business environment and the employees' roles, arguing that the agreement was no longer reasonably appropriate for the workforce.

The legal issues before the court involved interpreting the provisions of the Fair Work Act 2009 concerning the termination of enterprise agreements and the criteria for determining whether an agreement is reasonably appropriate. The applicant argued that the agreement was no longer reasonably appropriate due to changes in the nature of work and the workforce. The respondent, on the other hand, contended that the changes did not warrant termination and that the agreement remained reasonably appropriate. The court had to consider the changes in the business context and the employees' roles and assess whether these changes justified the termination of the agreement.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the changes in the business environment and the employees' roles were significant enough to warrant the termination of the agreement. The court determined that the agreement was no longer reasonably appropriate given the altered circumstances. The Commission emphasised the importance of enterprise agreements being adaptable to changes in the workplace and concluded that the applicant had demonstrated a substantial change in the circumstances that justified terminating the agreement. The court's decision was based on the evidence provided and the criteria outlined in the Fair Work Act 2009.

The final orders included the termination of the Federal Capital Press of Australia Pty Limited Electronic Pre-Press Collective Workplace Agreement 2011, effective from the date of the decision. The court also ordered that the termination would not prejudice any existing entitlements or rights of the employees under the existing agreement until the termination date. The decision provided clarity on the application of the Fair Work Act 2009 provisions concerning the termination of enterprise agreements and the criteria for determining their appropriateness in light of changing circumstances.

Federal Capital Press of Australia Pty Limited T/A The Cronicle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established