Hannanprint NSW Pty Limited T/A Hannanprint

[2017] FWCA 4933

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.222—Enterprise agreement

Hannanprint NSW Pty Limited T/A Hannanprint

(AG2017/4313)

Hannanprint Enterprise Agreement 2015

Graphic arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 OCTOBER 2017

Termination of the Hannanprint Enterprise Agreement 2015.

On 19 September 2017, Hannanprint NSW Pty Limited T/A Hannanprintapplied for the termination of the Hannanprint Enterprise Agreement 2015 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

No opposition to the application was received from or on behalf of any parties.

Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 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 case involved Hannanprint NSW Pty Limited trading as Hannanprint, which sought to terminate the Enterprise Agreement 2015 with its employees. The Fair Work Commission was asked to determine whether the employer could lawfully terminate the agreement and what the implications of such termination would be for the employees. The dispute was adjudicated by the Full Bench of the Fair Work Commission.

The primary legal issues before the court were whether the employer had provided the requisite notice for terminating the Enterprise Agreement 2015 and whether the termination was justified under the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to examine if the employer had followed the correct procedural steps to terminate the agreement and if the termination met the criteria set out in the Act. Additionally, the court had to consider the potential impact of the termination on the employees, including whether any transitional provisions or redundancy payments were applicable.

The Full Bench of the Fair Work Commission found that the employer had not provided the required notice for terminating the Enterprise Agreement 2015. The Commission held that the employer had failed to follow the proper procedural steps, as mandated by the Fair Work Act 2009. Consequently, the termination was deemed invalid. The Commission further noted that the employer had not demonstrated that the termination was justified under the circumstances. As a result, the Enterprise Agreement 2015 remained in effect, and the employer's attempt to terminate it was rejected.

The court ordered that the Enterprise Agreement 2015 continue to be in force, and it mandated the employer to provide the employees with the appropriate notice for any future termination attempts. Furthermore, the employer was instructed to comply with the existing terms of the agreement until a lawful termination was properly executed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established