DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Dubbo Daily Liberal
(AG2017/5162)

DUBBO DAILY LIBERAL PREPRESS ENTERPRISE AGREEMENT 2012

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 NOVEMBER 2017

Termination of the Dubbo Daily Liberal Prepress Enterprise Agreement 2012.

[1] On 30 October 2017, Regional Publishers Pty Ltd T/A Dubbo Daily Liberal applied for the termination of the Dubbo Daily Liberal 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

Regional Publishers Pty Ltd, trading as Dubbo Daily Liberal, brought proceedings against the Newspaper Guild of New South Wales, seeking to terminate the Dubbo Daily Liberal Prepress Enterprise Agreement 2012. The crux of the matter was whether the company had valid grounds to terminate the agreement, particularly in light of the company's assertion that a change in the nature of its business warranted such action. The Fair Work Commission was the tribunal before which the case was heard.

The primary legal issue the Commission had to address was whether the company had established a genuine redundancy situation that justified terminating the agreement. This involved examining whether the company had genuinely re-organised its operations in a manner that resulted in the elimination of the positions covered by the agreement. Additionally, the Commission needed to determine if the company had fulfilled its obligations under the Fair Work Act 2009 in pursuing the termination process. The dispute hinged on whether the company's actions were consistent with the legal framework governing enterprise agreements and terminations.

The Fair Work Commission concluded that the company had indeed demonstrated a genuine reorganisation of its business operations, which led to the redundancy of the positions covered by the agreement. The Commission found that the company had acted in accordance with the legal requirements and had provided adequate evidence to support its claims of redundancy. Consequently, the Commission ruled in favour of the company, terminating the Dubbo Daily Liberal Prepress Enterprise Agreement 2012. The decision underscored the importance of the company providing clear and comprehensive evidence to substantiate its termination claims.

Regional Publishers Pty Ltd T/A Dubbo Daily Liberal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established