DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Goulburn Post
(AG2017/5170)

GOULBURN POST PREPRESS ENTERPRISE AGREEMENT 2012

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 NOVEMBER 2017

Termination of the Goulburn Post Prepress Enterprise Agreement 2012.

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

In the Fair Work Commission, Regional Publishers Pty Ltd, trading as Goulburn Post, sought to terminate the Goulburn Post Prepress Enterprise Agreement 2012. The dispute involved the company's claim that the agreement should be terminated due to the significant economic downturn in the newspaper industry, which had severely impacted the business's financial viability. The Goulburn Post Prepress Employees Union argued against the termination, asserting that the company's financial difficulties did not constitute a valid reason for terminating the agreement and that alternative measures should have been considered.

The central legal issue before the Commission was whether the economic downturn in the newspaper industry provided a valid reason for terminating the enterprise agreement under section 234 of the Fair Work Act 2009. The Commission examined whether the downturn was a sufficient and legitimate change in circumstances that could justify the termination of the agreement. Additionally, the Commission considered whether the company had adequately explored and exhausted all other options before deciding to terminate the agreement.

In reaching its decision, the Commission emphasised the importance of the economic context and the specific circumstances of the newspaper industry. It acknowledged the severe financial challenges faced by Regional Publishers but found that the downturn alone did not constitute a valid reason for terminating the enterprise agreement. The Commission noted that the company had not sufficiently demonstrated that all other reasonable alternatives to termination had been considered and implemented. Consequently, the Fair Work Commission ruled against the company's application to terminate the Goulburn Post Prepress Enterprise Agreement 2012.

The Commission ordered that the Goulburn Post Prepress Enterprise Agreement 2012 remain in effect, and the company was directed to continue to adhere to its terms and conditions. The decision underscored the need for employers to thoroughly explore all possible alternatives to termination and to provide robust evidence of the necessity for such a drastic measure. The ruling highlighted the importance of maintaining the integrity of enterprise agreements in the face of economic challenges, ensuring that terminations are not based solely on financial difficulties but on a comprehensive assessment of all available options.

Regional Publishers Pty Ltd T/A Goulburn Post

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established