DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Regional Publishers Pty Ltd T/A Western Advocate
(AG2015/5372)

BATHURST PREPRESS ENTERPRISE AGREEMENT 2011

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 SEPTEMBER 2015

Application for termination of the Bathurst Prepress Enterprise Agreement 2011.

[1] On 3 September 2015, Regional Publishers Pty Ltd made an application to terminate the Bathurst 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

The applicant, Regional Publishers, sought the termination of the Bathurst Prepress Enterprise Agreement 2011 in the Fair Work Commission. The respondent, the Printing and Kindred Industries Union of Australia, defended the agreement, arguing against its termination. The matter centred around the interpretation and application of the Fair Work Act 2009, particularly sections concerning the validity and termination of enterprise agreements. The applicant argued that the agreement no longer satisfied the "better off overall test" and should be terminated. The respondent contended that the agreement remained valid and should not be terminated.

The Commission examined the evidence and arguments presented by both parties, focusing on the economic and practical implications of terminating the agreement. It considered whether the agreement met the statutory requirements for termination, including whether the parties were genuinely unable to agree on changes. The Commission assessed the economic impact on employees and the overall fairness of the agreement's terms. After a detailed analysis, the Commission concluded that the agreement did not meet the criteria for termination under the Act.

In light of its findings, the Commission decided not to terminate the Bathurst Prepress Enterprise Agreement 2011. The decision was based on the conclusion that the agreement remained valid and complied with the statutory requirements. The applicant's application was dismissed, and the agreement remained in force. This decision ensured that the terms and conditions of employment continued to be governed by the existing enterprise agreement, maintaining stability for the employees involved.

Regional Publishers Pty Ltd T/A Western Advocate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established