Metro Media Services Pty Ltd T/A Metro Media Publishing

[2013] FWCA 6449

[2013] FWCA 6449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Metro Media Services Pty Ltd T/A Metro Media Publishing
(AG2013/8764)

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 2 SEPTEMBER 2013

Application for termination of The Fairfax Community Network Production Department Enterprise Agreement 2011.

[1] Metro Media Services Pty Ltd (the company) has made an application for the termination of an enterprise agreement after its nominal expiry date. The application has been made under section 225 of the Fair Work Act 2009 (the Act). The agreement is The Fairfax Community Network Production Department Enterprise Agreement 2011 (the Agreement). The nominal expiry date of the Agreement is 28 February 2013. No employee organisation was covered by the Agreement.

[2] Section 226 of the Act provides that the Commission must terminate an agreement following an application made under section 225 if:

“(a) FWC is satisfied that it is not contrary to the public interest to do so; and

(b) FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer and each employee organisation (if any) covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[3] A statutory declaration was received from Mr Stuart Cumming, Human Resources Director of the company, dated 28 August 2013. The statutory declaration outlined the background to the application. It stated that all but one of the employees, engaged under the Agreement, were made redundant during the life of the Agreement. The statutory declaration indicated that the one remaining employee had signed a new contract of employment and has agreed that the Agreement should be terminated. At the request of the Commission, the employee concerned provided a statement which said that he agrees to the termination of the Agreement and that there has been no impact or change to his wages or conditions.

[4] No submissions that the termination of the Agreement would be contrary to the public interest have been received.

[5] On the basis of the material before me, I am satisfied that the termination of the Agreement would not be contrary to the public interest. Further, I have considered the circumstances of the matter and have concluded that termination of the Agreement is appropriate.

[6] Therefore, in accordance with section 226 of the Act, I must terminate the Agreement. The application to terminate the Agreement is approved.

[7] The termination will take effect from today’s date, 2 September 2013.

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