Bis Industries

In the case of Bis Industries, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) challenged the approval of the Bis Enterprise Agreement 2018 by the Fair Work Commission. The CFMMEU, while not a bargaining representative for the agreement, argued that procedural fairness required it to be heard in the approval process. The Fair Work Commission had to determine whether the CFMMEU had a right to be heard and if procedural fairness mandated its inclusion in the proceedings.

The primary legal issue was whether the CFMMEU, not being a party to the agreement, had a right to be heard by the Fair Work Commission. The court had to examine the principles of procedural fairness and the role of non-bargaining representatives in the enterprise agreement approval process. It was crucial to determine the circumstances under which procedural fairness would require a non-bargaining party to be heard, even if it was not a formal bargaining representative.

The court found that procedural fairness did not dictate that the CFMMEU had a right to be heard in this case. It was determined that the CFMMEU's interest in the approval of the enterprise agreement was not sufficient to mandate its inclusion in the proceedings. The court emphasised that procedural fairness is context-dependent and does not automatically confer a right to be heard on non-bargaining representatives unless there are exceptional circumstances. The application by the CFMMEU was dismissed, upholding the approval of the Bis Enterprise Agreement 2018.

No further orders were made by the court. The decision clarified the scope of procedural fairness in relation to non-bargaining representatives and reinforced the criteria for their inclusion in enterprise agreement approval processes.