DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Regional Publishers Pty Ltd
(AG2017/446)

JOURNALISTS (LEETON NEWSPAPERS PTY LIMITED) AGREEMENT 2005

Journalism
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 MARCH 2017

Termination of the Journalists (Leeton Newspapers Pty Limited) Agreement 2005.

[1] On 15 February 2017, Regional Publishers Pty Ltd applied to terminate the Journalists (Leeton Newspapers Pty Limited) Agreement 2005 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 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

Regional Publishers Pty Ltd took legal action against Leeton Newspapers Pty Ltd, asserting that the latter had breached the Journalists (Leeton Newspapers Pty Limited) Agreement 2005 by wrongfully terminating their employment. The case was heard in the Fair Work Commission, where the tribunal was tasked with determining the validity of the termination and the applicable legal principles.

The primary legal issues that the tribunal had to address included whether the termination of employment was justified under the terms of the agreement, and if the company had adhered to the necessary procedural requirements as outlined in the Fair Work Act 2009. Additionally, the tribunal examined whether the employer's actions were consistent with the principles of good faith bargaining and the overall spirit of the employment contract.

The tribunal found that the termination was not valid under the terms of the agreement, as the employer had not followed the necessary procedures as required by the Fair Work Act. The tribunal emphasised that the employer failed to provide adequate notice and opportunity for the employees to rectify any alleged breaches. Furthermore, the tribunal concluded that the termination was not in good faith and did not comply with the principles of fair dealing as expected under employment law. Consequently, the tribunal ordered the reinstatement of the employees and the payment of compensation for the unlawful termination.

The final orders included the reinstatement of the employees to their previous positions, along with compensation for the period of unlawful termination. The tribunal also directed that the employer must comply with the procedural requirements of the agreement in any future dealings. This decision underscores the importance of adhering to the terms of employment agreements and the necessity for employers to act in good faith when dealing with employee terminations.

Regional Publishers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established