DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Wagga Daily Advertiser
(AG2017/5333)

WAGGA DAILY ADVERTISER PREPRESS ENTERPRISE AGREEMENT 2012

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 NOVEMBER 2017

Termination of the Wagga Daily Advertiser Prepress Enterprise Agreement 2012.

[1] On 3 November 2017, Regional Publishers Pty Ltd T/A Wagga Daily Advertiser applied for the termination of the Wagga Daily Advertiser 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 the Wagga Daily Advertiser, faced a legal challenge concerning the termination of the Wagga Daily Advertiser Prepress Enterprise Agreement 2012. The Fair Work Commission was tasked with determining whether the employer's termination of the agreement was lawful and justified. The dispute arose from the employer's decision to terminate the agreement, which was in place between the employer and a group of its employees classified as prepress workers. The employees, represented by their union, contested the termination, arguing that it was not undertaken in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the employer had valid grounds to terminate the enterprise agreement and, if so, whether the termination process complied with the statutory requirements. This included examining whether the employer had genuinely sought to negotiate a new agreement and if the termination was necessary to eliminate a disadvantage suffered by the business. The Commission needed to assess the employer's evidence and submissions to determine if the termination was justified and procedurally correct. Additionally, the Commission had to consider the implications of the termination on the employees and the existing terms and conditions of their employment.

The Fair Work Commission found that the employer did not have valid grounds to terminate the enterprise agreement. The employer's evidence did not demonstrate a genuine attempt to negotiate a new agreement, nor did it establish that the termination was necessary to eliminate a disadvantage. The Commission concluded that the termination was not in accordance with the statutory requirements and was therefore invalid. As a result, the Wagga Daily Advertiser Prepress Enterprise Agreement 2012 remained in effect, and the employer's decision to terminate it was quashed. The Commission's decision ensured that the employees' rights under the enterprise agreement were preserved, and the terms and conditions of their employment remained unchanged.

Regional Publishers Pty Ltd T/A Wagga Daily Advertiser

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established