Mountain Press Pty Ltd T/A Blue Mountains Gazette

[2015] FWCA 6369

[2015] FWCA 6369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Mountain Press Pty Ltd T/A Blue Mountains Gazette
(AG2015/5364)

MOUNTAIN PRESS PRE-PRESS COLLECTIVE AGREEMENT 2013

Publishing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 17 SEPTEMBER 2015

Application for termination of the Mountain Press Pre-press Collective Agreement 2013.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Mountain Press Pty Ltd trading as Blue Mountains Gazette (the employer), and it was lodged on 3 September 2015 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the Mountain Press Pre-press Collective Agreement 2013 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 17 September 2015. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included a statutory declaration of Phillip James Amos, Deputy Industrial Relations Manager for the employer dated 28 August 2015. The statutory declaration stated that “There are no employees covered by the agreement and due to a restructure of the business it is not anticipated that the employer will be in the future employ the type of employee that would be covered by the agreement.”

[5] In the absence of any opposition to the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the application establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 17 September 2015. An Order [PR571919] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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<Price code A, AE406304  PR571918>