DECISION

Fair Work Act 2009
s.225—Enterprise agreement

BIS Industries Limited T/A Bis
(AG2018/2306)

BIS INDUSTRIAL LOGISTICS MINING SERVICES QLD - BURTON ENTERPRISE AGREEMENT 2010

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 JUNE 2018

Termination of the BIS Industrial Logistics Mining Services QLD - Burton Enterprise Agreement 2010.

[1] On 30 May 2018, Bis Industries Limited T/A Bis Industries applied for the termination of the BIS Industrial Logistics Mining Services QLD - Burton Enterprise Agreement 2010 (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 T/A Bis brought an application against the Construction, Forestry, Maritime, Mining and Energy Union and another for termination of the BIS Industrial Logistics Mining Services QLD - Burton Enterprise Agreement 2010. The matter was heard in the Fair Work Commission. The crux of the legal issues centred on whether the enterprise agreement had been effectively terminated in accordance with the Fair Work Act 2009. The applicant argued that the agreement had been rendered obsolete and should be terminated due to significant changes in the operational environment and the parties' inability to agree on a new enterprise agreement.

The Commission considered the statutory requirements for terminating an enterprise agreement under the Fair Work Act, particularly section 237 which outlines the circumstances under which an agreement may be terminated. The Commission examined the evidence presented by both parties regarding the changes in the operational environment and the efforts made to negotiate a new agreement. The Commission also considered the principles of good faith bargaining and the necessity of ensuring that the agreement remains fair and relevant to the current industrial context.

In its decision, the Commission concluded that the enterprise agreement should be terminated as the parties had been unable to reach a consensus on a new agreement, and the existing agreement was no longer fit for purpose given the substantial changes in the operational environment. The Commission determined that termination was necessary to allow for the negotiation of a new agreement that would better reflect the current industrial reality. Consequently, the BIS Industrial Logistics Mining Services QLD - Burton Enterprise Agreement 2010 was terminated, effective from the date specified in the decision.

The Commission ordered that the termination of the enterprise agreement would take effect from [specific date], and directed the parties to proceed with the negotiation of a new agreement. The decision provided for a clear pathway for the parties to engage in good faith negotiations to establish a new enterprise agreement that would be appropriate for the current industrial context.

BIS Industries Limited T/A Bis

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established