DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Manning River Times
(AG2015/4849)

MANNING RIVER TIMES PREPRESS ENTERPRISE AGREEMENT 2012

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 SEPTEMBER 2015

Application for termination of the Manning River Times Prepress Enterprise Agreement 2012.

[1] On 2 September 2015, Regional Publishers Pty Ltd made an application to terminate the Manning River Times Prepress Enterprise Agreement 2012 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Regional Publishers Pty Ltd, trading as the Manning River Times, and the employees represented by the Media, Entertainment and Arts Alliance. The company sought to terminate the Manning River Times Prepress Enterprise Agreement 2012, which governed the terms and conditions of employment for the employees. The legal issues at hand included whether the company had provided sufficient grounds for termination under section 170CC of the Fair Work Act 2009 and whether any applicable transitional provisions should be considered. The court had to determine whether the company met the threshold requirements for termination and if the proposed changes were reasonable and necessary.

The commission began by examining whether Regional Publishers had met the statutory criteria for termination. This involved assessing the company’s financial position and whether it could demonstrate that the enterprise agreement was no longer sustainable. The company argued that the enterprise agreement was no longer commercially viable due to significant changes in the newspaper industry, including the decline in print advertising revenue. The commission found that while the company had faced financial difficulties, it had not provided sufficient evidence to demonstrate that the enterprise agreement was the primary cause of these issues. Additionally, the commission noted that the company had not adequately explored alternative cost-saving measures before seeking termination.

The Fair Work Commission concluded that the application for termination of the Manning River Times Prepress Enterprise Agreement 2012 was not successful. The decision highlighted the importance of employers providing comprehensive evidence to support their claims of unsustainability. The commission also emphasised the need for employers to exhaust all reasonable alternatives before seeking to terminate an enterprise agreement. The court found that the company had not met the necessary threshold for termination and thus upheld the existing enterprise agreement.

The final orders of the commission included dismissing the application for termination of the enterprise agreement and mandating further negotiations between the parties to address any outstanding issues. The commission also directed the parties to participate in further mediation to resolve any remaining disputes. The decision underscored the importance of robust evidence and the need for employers to consider all viable alternatives before seeking to terminate an enterprise agreement.

Regional Publishers Pty Ltd T/A Manning River Times

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established