DECISION

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

BIS Industries Limited
(AG2015/3524)

BIS INDUSTRIES BOOTU CREEK ENTERPRISE AGREEMENT 2012

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 18 AUGUST 2015

Application for termination of the BIS Industries Bootu Creek Enterprise Agreement 2012.

[1] On 4 August 2015, BIS Industries Limited lodged an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the BIS Industries Bootu Creek Enterprise Agreement 2012 (“the Agreement”).

[2] 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 is effective on and from 18 August 2015.

COMMISSIONER

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The case of BIS Industries Limited was before the Fair Work Commission, where the Fair Work Australia was seeking to terminate the BIS Industries Bootu Creek Enterprise Agreement 2012. The dispute arose from the company's contention that the agreement had become redundant due to changes in the operational landscape, including the closure of the Bootu Creek facility. The legal issues at the core of this case involved the interpretation and application of the Fair Work Act 2009, specifically sections that govern the termination of enterprise agreements where significant changes in circumstances warrant such action. The Commission had to determine whether the cessation of operations at Bootu Creek constituted a substantial change in circumstances, thereby justifying the termination of the agreement.

The Fair Work Commission approached the matter by examining the current operational status of the Bootu Creek facility and the implications of its closure on the workforce and the enterprise agreement. The company argued that the closure of the facility rendered the agreement obsolete, as there were no longer employees employed at that site to be governed by the agreement. The Commission considered the arguments presented by both parties and analysed the impact of the closure on the workforce and the company's operations. The court noted that the cessation of operations at the Bootu Creek facility constituted a significant change in circumstances, leading to the conclusion that the agreement should be terminated. The Commission emphasised the importance of the agreement's provisions being applicable to a workforce that was actively employed at the site, which was no longer the case.

In its decision, the Fair Work Commission granted the application to terminate the BIS Industries Bootu Creek Enterprise Agreement 2012. The Commission found that the closure of the Bootu Creek facility and the subsequent cessation of employment of the workforce at that site constituted a substantial change in circumstances, justifying the termination of the agreement. The decision was made in light of the significant changes to the operational environment and the practical implications for the workforce and the enterprise agreement. The Fair Work Commission's ruling was based on the specific facts of the case and the legal principles outlined in the Fair Work Act 2009.

BIS Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established