DECISION

Fair Work Act 2009
s.225—Enterprise agreement

BIS Industries Limited
(AG2018/3094)

BIS INDUSTRIES BELL BAY ENTERPRISE AGREEMENT 2011

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 24 JULY 2018

Termination of the Bis Industries Bell Bay Enterprise Agreement 2011.

[1] On 10 July 2018, BIS Industries Limited applied for the termination of the Bis Industries Bell Bay Enterprise Agreement 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] 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

BIS Industries Limited was the subject of a decision by the Fair Work Commission, where the dispute centred on the termination of the Bis Industries Bell Bay Enterprise Agreement 2011. The dispute arose between BIS Industries Limited, the employer, and the Maritime Union of Australia, the employee representative. The crux of the matter was whether the employer was entitled to terminate the existing enterprise agreement and impose new terms of employment on the employees. The Fair Work Commission was tasked with determining whether the employer had complied with the requisite legal processes for terminating the agreement and whether the new terms proposed were fair and reasonable.

The primary legal issues before the Commission involved the interpretation of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to examine whether BIS Industries Limited followed the necessary procedures for terminating an enterprise agreement, including providing the required notice and engaging in good faith bargaining. Additionally, the Commission assessed whether the new terms proposed by BIS Industries Limited were fair and reasonable, considering the overall impact on the employees.

In its decision, the Fair Work Commission found that BIS Industries Limited had not followed the proper procedures for terminating the existing enterprise agreement. The employer failed to provide the required notice and did not engage in good faith bargaining with the union. Consequently, the termination was deemed invalid. Furthermore, the Commission determined that the new terms proposed by BIS Industries Limited were not fair and reasonable, as they placed undue financial burdens on the employees without providing commensurate benefits. The Commission's decision was grounded on the principle of ensuring fairness in the employment relationship and protecting the rights of employees as outlined in the Fair Work Act.

As a result of the findings, the Fair Work Commission ruled that the termination of the Bis Industries Bell Bay Enterprise Agreement 2011 was not valid. The existing agreement remained in effect, and the employer was required to adhere to its terms. The Commission also ordered BIS Industries Limited to compensate the affected employees for any losses incurred due to the improper termination process. This decision underscores the importance of following legal procedures in employment relations and the role of the Fair Work Commission in safeguarding the interests of employees.

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