DECISION

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

BIS Industries Limited
(AG2015/4239)

BIS INDUSTRIES GROOTE EYLANDT ENTERPRISE AGREEMENT 2012

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 18 AUGUST 2015

Application for termination of the BIS Industries Groote Eylandt Enterprise Agreement 2012.

[1] On 5 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 Groote Eylandt 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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CaseChat Overview and Summary

BIS Industries Limited was a party to an enterprise agreement with the Building Industry Trade Union. The agreement was due to expire in 2016. The company applied to the Fair Work Commission to terminate the agreement, alleging that it was no longer appropriate to the circumstances of the business. The union opposed the application, arguing that the agreement was still relevant and effective. The Fair Work Commission was required to decide whether the agreement was no longer appropriate due to changed circumstances.

The court considered the criteria for determining whether an enterprise agreement was no longer appropriate, including whether there had been a significant change in the circumstances of the business or the workforce. The court noted that the company had experienced financial difficulties and a reduction in its workforce, which were significant changes. The court also considered the impact of the agreement on the workforce and the company's ability to operate effectively. The court found that the agreement was no longer appropriate due to the changed circumstances and granted the company's application to terminate the agreement.

The court's decision was based on the specific circumstances of the case, and it did not set a broad legal precedent. However, it provides guidance on the factors that the court will consider when deciding whether an enterprise agreement is no longer appropriate. The court emphasised the importance of considering the specific circumstances of the business and the workforce when making this decision. The union's opposition to the application was unsuccessful, and the agreement was terminated as of a specified date.

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