DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Rural Press Printing Pty Ltd
(AG2019/200)

RURAL PRESS PRINTING ORMISTON ENTERPRISE AGREEMENT 2015

Publishing industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 FEBRUARY 2019

Termination of the Rural Press Printing Ormiston Enterprise Agreement 2015.

[1] On 31 January 2019, Rural Press Printing Pty Ltd applied for the termination of the Rural Press Printing Ormiston Enterprise Agreement 2015 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] There are no employees covered by the Agreement. 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

The dispute before the Fair Work Commission involved Rural Press Printing Pty Ltd, the employer, and the Media, Entertainment and Arts Alliance, the union representing the employees. The primary issue was whether the employer had lawfully terminated the Rural Press Printing Ormiston Enterprise Agreement 2015. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court had to address included whether the employer had followed the correct procedures for terminating the enterprise agreement, whether the union had been appropriately consulted, and whether the termination was justified under the relevant provisions of the Fair Work Act 2009. The union argued that the employer had failed to follow the necessary consultation processes and that the termination was not justified under the law.

The Fair Work Commission found that the employer had not followed the proper procedures for terminating the enterprise agreement. The employer had not provided the required notice of the proposed termination, nor had they engaged in the necessary consultation with the union. The Commission held that these procedural failures rendered the termination invalid. Consequently, the termination of the Rural Press Printing Ormiston Enterprise Agreement 2015 was declared unlawful, and the agreement remained in effect. The Commission ordered the employer to reinstate the enterprise agreement and to compensate the union for costs incurred as a result of the unlawful termination.

Rural Press Printing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established