DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Bay Post
(AG2017/5151)

BAY POST PREPRESS ENTERPRISE AGREEMENT 2012

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SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 NOVEMBER 2017

Termination of the Bay Post Prepress Enterprise Agreement 2012.

[1] On 30 October 2017, Regional Publishers Pty Ltd T/A Bay Postapplied for the termination of the Bay Post Prepress Enterprise Agreement 2012 (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

The case involved Regional Publishers Pty Ltd, trading as Bay Post, and the relevant trade unions. The dispute centred around the termination of the Bay Post Prepress Enterprise Agreement 2012. The matter was heard in the Fair Work Commission of Australia. The legal issues before the Commission were whether the termination of the enterprise agreement was valid under the Fair Work Act 2009 and whether any procedural or substantive unfairness existed in the termination process.

The Commission considered whether Bay Post had followed the necessary procedures to terminate the enterprise agreement and if the termination was justified. It was necessary to determine if the employer had provided adequate notice and if there were any substantial reasons to terminate the agreement. The Commission also examined whether the termination was in bad faith or whether it was done in a manner that was procedurally and substantively fair.

After considering the evidence and submissions from both parties, the Commission found that the termination of the Bay Post Prepress Enterprise Agreement 2012 was valid. The employer had followed the required procedures and provided adequate notice. The termination was found to be justified based on substantial reasons and was not in bad faith. The Commission concluded that the termination was procedurally and substantively fair. Therefore, the employer's action to terminate the enterprise agreement was upheld.

Regional Publishers Pty Ltd T/A Bay Post

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established