DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Regional Publishers Pty Ltd T/A Wellington Times
(AG2018/2414)

WELLINGTON TIMES PRODUCTION STAFF ENTERPRISE AGREEMENT [2005]

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JUNE 2018

Termination of the Wellington Times Production Staff Enterprise Agreement [2005].

[1] On 5 June 2018, Regional Publishers Pty Ltd T/A Wellington Times applied for the termination of the Wellington Times Production Staff Enterprise Agreement [2005] (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. 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 Wellington Times, brought a case before the Fair Work Commission concerning the termination of the Wellington Times Production Staff Enterprise Agreement [2005]. The dispute arose from the company's attempt to terminate the agreement, which governed the terms and conditions of employment for production staff, citing financial difficulties and operational changes. The employees contested the termination, arguing that it was not justified under the agreement and that the company had failed to follow the necessary procedures.

The central legal issues before the Commission were whether the company had valid grounds to terminate the enterprise agreement and if the correct procedures were followed in doing so. The company contended that the economic downturn and restructuring of the business necessitated the termination. The employees, on the other hand, argued that the termination was premature and that the company had not demonstrated a genuine need to alter the terms of employment. The Commission had to determine if the company's actions were consistent with the applicable provisions of the Fair Work Act 2009 and whether the termination was justified under the circumstances.

The Commission examined the evidence presented by both parties and considered the specific provisions of the Fair Work Act relevant to enterprise agreements. It found that while the company faced financial challenges, there was no clear evidence that these issues were directly attributable to the terms of the enterprise agreement. The Commission also noted that the company had not adequately demonstrated that it had explored all other alternatives before resorting to termination. Consequently, the decision to terminate the agreement was deemed to be unjustified. The Commission ruled that the termination was not valid, and the Wellington Times Production Staff Enterprise Agreement [2005] remained in effect.

Regional Publishers Pty Ltd T/A Wellington Times

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established