DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Port Macquarie News
(AG2015/5388)

PORT MACQUARIE PRE-PRESS ENTERPRISE AGREEMENT 2011

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 SEPTEMBER 2015

Application for termination of the Port Macquarie Pre-Press Enterprise Agreement 2011.

[1] On 3 September 2015, Regional Publishers Pty Ltd made an application to terminate the Port Macquarie Pre-Press 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 Port Macquarie News, sought the termination of the Port Macquarie Pre-Press Enterprise Agreement 2011. The application was made to the Fair Work Commission, which was required to determine the validity of the application and whether the agreement should be terminated.

The central legal issues before the Commission were whether the application for termination was made in accordance with the requirements of the Fair Work Act 2009, and whether the continued operation of the agreement was causing significant harm to the employer’s business. The employer argued that the continued operation of the agreement was detrimental to its financial viability, while the union contended that the application did not meet the statutory criteria for termination.

The Commission examined the procedural requirements of the application and found that the employer had complied with the necessary steps. Regarding the merits, the Commission considered the evidence presented by both parties concerning the financial health and operational challenges of the employer. Ultimately, the Commission was satisfied that the employer had demonstrated significant harm as a result of the continued operation of the agreement. Consequently, the application for termination was approved.

The Fair Work Commission ordered the termination of the Port Macquarie Pre-Press Enterprise Agreement 2011, effective from the date of the decision. This decision marked a significant shift in the employment relationship between the employer and the employees covered by the agreement, with implications for both parties moving forward.

Regional Publishers Pty Ltd T/A Port Macquarie News

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established