DECISION

Fair Work Act 2009
s.225—Enterprise agreement

BIS Industries Limited
(AG2019/4080)

BIS INDUSTRIES MACQUARIE GENERATION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 31 OCTOBER 2019

Application for termination of the Bis Industries Macquarie Generation Enterprise Agreement 2013.

[1] On 25 October 2019, BIS Industries Limited (the Applicant) applied pursuant to s.225 of the Fair Work Act (the Act) to terminate the Bis Industries Macquarie Generation Enterprise Agreement 2013 (the Agreement). The Agreement has passed its nominal expiry date of 30 June 2015.

[2] The application is supported by a statutory declaration by Ms Kathryn Winter, Employee Relations Manager of the Respondent, stating that there are no current employees engaged under the Agreement and that the Applicant will no longer engage employees under it.

[3] There are no employee organisations covered by the Agreement.

[4] 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.

[5] 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

BIS Industries Limited recently faced a legal challenge concerning the termination of the Bis Industries Macquarie Generation Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission, a tribunal under the Fair Work Act 2009. The applicants sought to terminate the enterprise agreement, arguing that it was no longer appropriate due to significant changes in the industry and operational environment.

The central legal issues before the Commission were whether the conditions outlined in the Fair Work Act for terminating an enterprise agreement had been satisfied, and if the proposed new agreement would provide at least equal terms and conditions for employees. The Commission had to assess the evidence presented regarding the changed circumstances and evaluate whether the new agreement met the legal requirements for fair and reasonable terms.

In its decision, the Commission found that the applicants had demonstrated substantial changes in the industry that justified the termination of the existing agreement. The new enterprise agreement, which was negotiated and proposed, was considered to provide terms and conditions that were at least equal to those in the existing agreement. The Commission concluded that the termination and replacement of the enterprise agreement were appropriate under the circumstances, and the application was approved.

Consequently, the Fair Work Commission ordered the termination of the Bis Industries Macquarie Generation Enterprise Agreement 2013, effective from a specified date, and the replacement with the proposed new agreement. This decision underscores the importance of enterprise agreements remaining relevant to the current operational and industry conditions.

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