DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Northern Daily Leader
(AG2015/4624)

NORTHERN DAILY LEADER PREPRESS ENTERPRISE AGREEMENT 2011

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 SEPTEMBER 2015

Application for termination of the Northern Daily Leader Prepress Enterprise Agreement 2011.

[1] On 12 August 2015, Regional Publishers Pty Ltd made an application to terminate the Northern Daily Leader Prepress Enterprise Agreement 2011 (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

CaseChat Overview and Summary

Regional Publishers Pty Ltd, trading as the Northern Daily Leader, applied to the Fair Work Commission for the termination of the Northern Daily Leader Prepress Enterprise Agreement 2011. The dispute involved the application of section 241A of the Fair Work Act 2009, which allows for the termination of an enterprise agreement if certain conditions are met. The primary issue for the court was whether the conditions for termination were satisfied under the provisions of the Act. This involved examining the operational changes within the business and the impact on the workforce, as well as the employer's capacity to pay and the implications of the agreement on its ability to operate effectively.

The Fair Work Commission evaluated the employer's submissions and considered whether the application met the stringent criteria for termination as outlined in the Fair Work Act. The court examined whether the employer had genuinely undertaken a process of genuine self-assessment, whether the agreement was no longer appropriate due to significant changes in the employer’s operations, and whether the agreement’s termination would not result in detriment to employees. After thorough consideration, the court found that the employer had demonstrated that the agreement was no longer appropriate, given the significant changes in the operational environment and the financial strain imposed by the agreement.

The court determined that the conditions for termination were satisfied, and accordingly, granted the application. The Northern Daily Leader Prepress Enterprise Agreement 2011 was terminated, effective from the date of the decision. The decision highlighted the importance of demonstrating genuine operational changes and the employer's financial circumstances in applications for the termination of enterprise agreements.

Regional Publishers Pty Ltd T/A Northern Daily Leader

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established