DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Inprint Pty Ltd T/A Inprint
(AG2017/4304)

INPRINT PTY LTD ENTERPRISE COLLECTIVE AGREEMENT 2013

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 OCTOBER 2017

Termination of the Inprint Pty Ltd Enterprise Collective Agreement 2013.

[1] On 19 September 2017, Inprint Pty Ltd T/A Inprint applied for the termination of the Inprint Pty Ltd Enterprise Collective Agreement 2013 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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 before the Fair Work Commission was brought by Inprint Pty Ltd, trading as Inprint, against the Communications, Electrical and Plumbing Union of Australia. The dispute centred around the termination of the Enterprise Collective Agreement 2013, which was in effect between the parties. The union argued that the employer's attempt to terminate the agreement was unlawful, while the employer contended that it had the right to do so under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the employer had the lawful authority to terminate the enterprise agreement. Specifically, the court had to determine if the employer had followed the correct procedures and if the termination was justified under the provisions of the Act. The union claimed that the employer had failed to follow the necessary steps for terminating the agreement, while the employer argued that it had complied with all legal requirements.

In delivering its decision, the Commission examined the procedural steps taken by the employer in attempting to terminate the agreement. It found that the employer had indeed followed the correct process as stipulated in the Act. The Commission further determined that the employer had demonstrated that it had a genuine reason to seek termination, based on the operational and financial circumstances of the business. As a result, the Commission upheld the employer's right to terminate the enterprise agreement.

The Commission's final orders confirmed the legality of the employer's actions and upheld the termination of the Enterprise Collective Agreement 2013. The union's application for an order to reinstate the agreement was dismissed.

Inprint Pty Ltd T/A Inprint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established