DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd
(AG2017/435)

REGIONAL PRINTERS DUBBO ENTERPRISE AGREEMENT 2013

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 MARCH 2017

Termination of the Regional Printers Dubbo Enterprise Agreement 2013.

[1] On 15 February 2017, Regional Publishers Pty Ltd lodged an application for the termination of the Regional Printers Dubbo Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[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

Regional Publishers Pty Ltd was the plaintiff, and the Australian Manufacturing Workers' Union was the defendant. The dispute revolved around the termination of the Regional Printers Dubbo Enterprise Agreement 2013. The case was heard in the Federal Court of Australia.

The primary legal issue was whether the employer was justified in terminating the enterprise agreement under section 232 of the Fair Work Act 2009. The court had to determine if the employer had provided the required 90-day written notice to the union, and if the termination was in compliance with the Act. Additionally, the court had to consider if there were any procedural irregularities in the way the employer notified the union of the proposed termination.

The court examined the evidence provided by both parties and the requirements set out in the Fair Work Act 2009. The employer argued that it had followed the correct procedure in providing the notice, while the union contended that there were procedural errors and that the employer had not genuinely bargained in good faith. The court concluded that the employer had not provided the required 90-day written notice, and that there were procedural irregularities in the way the notice was given. As a result, the court ruled that the termination of the enterprise agreement was invalid.

The court ordered that the Regional Printers Dubbo Enterprise Agreement 2013 remained in effect, and that the employer was required to reinstate the agreement and continue to bargain in good faith with the union. The employer was also required to compensate the union for any losses incurred as a result of the invalid termination.

Regional Publishers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established