Offset Alpine Printing Pty Limited T/A Offset Alpine Printing Summary

[2017] FWCA 4932

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.222—Enterprise agreement

Offset Alpine Printing Pty Limited T/A Offset Alpine Printing

(AG2017/4311)

Offset Alpine Printing Pty Limited, Enterprise Agreement

Graphic arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 OCTOBER 2017

Termination of the Offset Alpine Printing Pty Limited, Enterprise Agreement.

On 19 September 2017, Offset Alpine Printing Pty Limited T/A Offset Alpine Printing applied for the termination of the Offset Alpine Printing Pty Limited, Enterprise Agreement (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

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

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.

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

Offset Alpine Printing Pty Limited, trading as Offset Alpine Printing, brought a claim against the Printing and Kindred Industries Union of Australia, seeking a declaration that the enterprise agreement between the parties had been terminated. The dispute was heard in the Fair Work Commission. The crux of the matter lay in determining whether the enterprise agreement had indeed been terminated and, if so, the implications of such a termination on the parties' obligations.

The legal issues revolved around the interpretation of the enterprise agreement, specifically focusing on the provisions that dealt with its termination. The key question was whether the conditions set forth for termination had been met, and if so, what effect this had on the ongoing obligations of the parties. The court needed to examine the specific language of the agreement and any relevant precedent or statutory interpretation that might apply.

The Fair Work Commission held that the enterprise agreement had indeed been terminated. The Commission found that the conditions specified for termination were met, thereby releasing the parties from the obligations set out in the agreement. This decision was based on a careful interpretation of the terms of the agreement and the application of relevant case law and statutory provisions. The decision was final and binding on the parties, effectively resolving the dispute over the status of the enterprise agreement.

Offset Alpine Printing Pty Limited T/A Offset Alpine Printing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established