Regional Publishers Pty Ltd T/A Cowra Guardian Summary

[2017] FWCA 5963

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Cowra Guardian

(AG2017/5161)

Cowra Guardian Prepress Enterprise Agreement 2012

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 NOVEMBER 2017

Termination of the Cowra Guardian Prepress Enterprise Agreement 2012.

On 30 October 2017, Regional Publishers Pty Ltd T/A Cowra Guardian applied for the termination of the Cowra Guardian Prepress Enterprise Agreement 2012 (the Agreement), under s.225 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.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.

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 applicant, Regional Publishers Pty Ltd trading as Cowra Guardian, sought to terminate the Cowra Guardian Prepress Enterprise Agreement 2012. The respondent, the Media, Entertainment and Arts Alliance, contested the termination. The dispute was heard in the Fair Work Commission. The legal issues before the Commission centred on whether the applicant had valid grounds to terminate the enterprise agreement under section 241 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the applicant had demonstrated that the continued operation of the enterprise agreement would have a detrimental effect on its ability to conduct its business.

The Commission examined whether the applicant had provided sufficient evidence to support the claim that the enterprise agreement was detrimental to its business. The applicant argued that changes in the industry, such as the decline in print advertising and the rise of digital media, had significantly impacted its revenue, making it difficult to sustain the enterprise agreement's terms. The Commission also considered the respondent's submissions that the applicant had not taken adequate steps to mitigate the financial impact of these changes. The Commission found that the applicant had not provided compelling evidence to substantiate its claim, and therefore, the termination of the enterprise agreement was not justified.

Consequently, the Commission dismissed the application for termination of the Cowra Guardian Prepress Enterprise Agreement 2012. The order mandated that the agreement continue in force, and the applicant must adhere to its terms until further notice. The decision emphasised the importance of providing robust evidence to substantiate claims of detrimental effects on business operations when seeking to terminate an enterprise agreement.

Regional Publishers Pty Ltd T/A Cowra Guardian

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established