Bis Industries Limited T/A Bis Industries

[2019] FWCA 86

[2019] FWCA 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bis Industries Limited T/A Bis Industries
(AG2018/6847)

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2019

Application for termination of the Bis Industries (FMG Cloudbreak) Enterprise Agreement 2014.

[1] This decision concerns an application made by Bis Industries Limited (the Applicant) on 7 December 2018 for the termination of the Bis Industries (FMG Cloudbreak) Enterprise Agreement 2014 (the Agreement) made under section 225 of the Fair Work Act 2009 (the Act).

[2] This section allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[3] Section 226, set out below, details the considerations for the Commission when dealing with such an application.

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

[4] The Applicant has provided in support of its application a statutory declaration from Ms Kathryn Winter (Ms Winter) who is the Employee Relations Manager of the Applicant.

[5] Ms Winter explains that the Agreement had a nominal expiry date of 31 October 2018, that no employee is covered by the Agreement, and the Applicant does not intend to utilise the Agreement at any time in the future as they are the only party to the Agreement that remains.

[6] There was no union bargaining representative involved in the making of the Agreement.

Consideration

[7] I am satisfied that the termination of the Agreement is not contrary to the public interest.

[8] I consider that in the circumstances it is appropriate to terminate the Agreement. The views of the employer have been taken into account and I accept Ms Winter’s statement in her statutory declaration that there are no employees covered by the Agreement.

[9] Accordingly, the Bis Industries (FMG Cloudbreak) Enterprise Agreement 2014 is terminated. Pursuant to s 227 of the Act the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

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