DECISION

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

Bis Industries Limited T/A Bis Industries
(AG2016/1504)

BIS INDUSTRIES ACID MANAGEMENT ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER CLOGHAN	PERTH, 13 JUNE 2016

Termination of enterprise agreement.

[1] Pursuant to s.226 of the Fair Work Act 2009, the Fair Work Commission approves the termination of the Bis Industries Acid Management Enterprise Agreement 2013 (Agreement).

[2] The Agreement is terminated on and from 13 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bis Industries Limited, trading as Bis Industries, the Full Bench of the Fair Work Commission was tasked with resolving a dispute concerning the termination of an enterprise agreement. The dispute arose when Bis Industries Limited sought to terminate an existing enterprise agreement, claiming that the union's conduct had rendered it unworkable. The union, representing the employees, opposed the termination and sought to enforce the existing agreement.

The central legal issues before the Commission involved whether the union's conduct justified the termination of the enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the union's actions constituted industrial action that was not protected by the Act and if such actions rendered the agreement unworkable. Furthermore, the court had to assess the appropriate process for terminating the agreement, including whether the requisite notice period was adequately provided and if the company's decision to terminate was reasonable.

The Full Bench concluded that the union's conduct did not warrant the termination of the enterprise agreement. The Commission found that the union's actions, while significant, did not rise to the level of conduct that would justify the termination of the agreement under the Act. Additionally, the Commission ruled that the company's decision to terminate the agreement was not reasonable, as it did not adequately consider alternative dispute resolution methods. Consequently, the Full Bench determined that the termination was invalid and reinstated the existing enterprise agreement. The decision highlighted the importance of exploring all avenues for resolving disputes before resorting to termination. The Commission ordered that the enterprise agreement remain in force, and both parties were directed to engage in further discussions to address the underlying issues.

Bis Industries Limited T/A Bis Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established