West Australian Newspapers Limited

[2021] FWCA 6657

[2021] FWCA 6657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

West Australian Newspapers Limited
(AG2021/8163)

REGIONAL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2016

Graphic Arts Industry
COMMISSIONER WILLIAMS	PERTH, 12 NOVEMBER 2021

Application for termination of the Regional Production Employees Enterprise Agreement 2016

[1] This decision concerns an application made by West Australian Newspapers Limited (the Applicant) for the termination of the Regional Production Employees Enterprise Agreement 2016 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The Applicant has provided in support of its application a statutory declaration from Mr Philip O’Toole (Mr O’Toole), Chief Operating Officer for the Applicant.

[6] Mr O’Toole explains that the Agreement has a nominal expiry date of 31 July 2018, and that the Applicant does not currently cover any employees under the Agreement. Mr O’Toole further explains that, in respect of regional operations, the Applicant will be covered by the Graphic Arts, Printing and Publishing Award 2020.

[7] The Applicant submits that in the circumstances terminating the Agreement would not be against public interest.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a party to the Agreement, was invited by the Commission to make any submissions in response to the application on 4 November 2021.

[9] On 8 November 2021 the AMWU advised the Commission it did not object to the termination of the Agreement.

Consideration

[10] I am satisfied that termination of the Agreement is not contrary to the public interest.

[11] Taking into account the Applicant’s statement that there are no employees covered by the Agreement, and the views of the AMWU, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[12] Accordingly, the Regional Production Employees Enterprise Agreement 2016 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

Printed by authority of the Commonwealth Government Printer

<AE423256  PR735720>