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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mountain Press Pty Ltd, trading as the Blue Mountains Gazette, filed an application to terminate the Mountain Press Pre-press Collective Agreement 2013. The application was contested by the Communications, Electrical, Electronic, Metal, Engineering, Printing and Kindred Industries Union (CEEMPIU). The dispute centred on the validity and applicability of the collective agreement in the context of significant operational changes within the company, including a shift towards digital publishing and a reduction in staff.

The central legal issue for the Commission to address was whether the significant operational changes within Mountain Press constituted a sufficient basis for terminating the existing collective agreement. Additionally, the Commission needed to determine whether the union's objections to the termination were justified and whether the agreement could be amended to accommodate the company's new business model.

The Fair Work Commission found that the significant operational changes, including the shift to digital publishing and staff reductions, warranted a review of the existing agreement. However, the Commission concluded that the changes did not constitute a fundamental alteration of the business that would justify outright termination. Instead, the Commission directed the parties to negotiate in good faith to amend the agreement to reflect the new operational context. The union's objections were upheld to the extent that the company was required to engage in meaningful negotiations with the union to achieve a revised agreement.

The Fair Work Commission ordered that the application for termination of the Mountain Press Pre-press Collective Agreement 2013 be dismissed. Instead, the parties were directed to engage in negotiations to amend the agreement to reflect the company's new operational context. The Commission emphasised the importance of good faith bargaining and directed the parties to make every reasonable effort to reach a revised agreement.

Mountain Press Pty Ltd T/A Blue Mountains Gazette

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established