DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Queensland Newspapers Pty Limited
(AG2019/79)

QUEENSLAND NEWSPAPERS PTY LTD ELECTRICAL DEPARTMENT CEPU ENTERPRISE AGREEMENT 2013

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 FEBRUARY 2019

Application for termination of the Queensland Newspapers Pty Limited Electrical Department CEPU Enterprise Agreement 2013.

[1] On 14 January 2019, Queensland Newspapers Pty Ltd applied for the termination of the Queensland Newspapers Pty Limited Electrical Department CEPU Enterprise Agreement 2013.

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

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 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

In the recent case before the Fair Work Commission, Queensland Newspapers Pty Limited sought to terminate the Electrical Department CEPU Enterprise Agreement 2013. The applicant argued that significant changes in the business environment and operational conditions necessitated a review of the existing agreement to remain competitive and operationally effective. The Fair Work Commission was tasked with determining whether the application met the criteria for terminating the enterprise agreement under the Fair Work Act 2009.

The central legal issues revolved around whether the applicant had demonstrated substantial changes in the workplace that warranted the termination of the existing enterprise agreement. The applicant needed to establish that these changes were significant and that the agreement no longer met the needs of the business. Additionally, the Commission had to consider whether the termination would be fair and reasonable, taking into account the impact on employees and the principles of good faith bargaining.

The Fair Work Commission examined the evidence presented by both parties and assessed the changes in the business environment. The Commission concluded that the applicant had not sufficiently demonstrated that the changes were substantial enough to justify terminating the enterprise agreement. The evidence provided did not clearly indicate that the existing agreement was no longer suitable or that the proposed changes would significantly benefit the business. The Commission also considered the impact on employees, emphasising the importance of maintaining stability and security in the workplace. As a result, the application for termination was dismissed.

In summary, the Fair Work Commission determined that Queensland Newspapers Pty Limited had not met the threshold for terminating the Electrical Department CEPU Enterprise Agreement 2013. The Commission's decision highlights the need for substantial evidence of workplace changes and the importance of considering employee interests when evaluating such applications.

Queensland Newspapers Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established