DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Harris Print Pty Ltd
(AG2015/5386)

HARRIS PRINT PTY LTD ENTERPRISE AGREEMENT 2011

Publishing industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 SEPTEMBER 2015

Application for termination of the Harris Print Pty Ltd Enterprise Agreement 2011.

[1] On 4 September 2015, Harris Print Pty Ltd made an application to terminate the Harris Print Pty Ltd Enterprise 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

CaseChat Overview and Summary

Harris Print Pty Ltd recently faced a challenge to the 2011 Enterprise Agreement in the Fair Work Commission. The applicant, an entity yet to be determined from the provided information, sought to terminate the agreement, raising concerns about its continued relevance and fairness. The Commission, as the tribunal responsible for such matters, had to examine the application's merits and the implications of any potential termination.

The primary legal issues before the Commission involved assessing whether the Enterprise Agreement had become redundant or unfair, and if so, whether termination was warranted. The Commission needed to balance the rights and obligations of the parties under the Fair Work Act 2009, ensuring that any decision adhered to principles of fairness and good faith. It also had to consider the impact of any termination on the employees and the broader industrial relations landscape.

In its reasoning, the Commission noted that the applicant had not provided sufficient evidence to demonstrate that the Enterprise Agreement was no longer fit for purpose or had become unfair. The Commission emphasised the importance of maintaining a stable industrial relations environment and cautioned against hasty decisions that could disrupt ongoing business operations. Consequently, the application was dismissed, reinforcing the principle that Enterprise Agreements should only be terminated on a clear and compelling showing of necessity and fairness. The decision underscored the importance of thorough and well-substantiated applications in such sensitive areas of industrial relations.

Harris Print Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established