DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries
(AG2019/2214)

BIS WHYALLA DRIVERS AND OPERATORS ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the Bis Whyalla Drivers and Operators Enterprise Agreement 2018.

[1] Bis Industries (the Employer) has made an application for approval of an enterprise agreement known as the Bis Whyalla Drivers and Operators Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the agreement.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 September 2019 and, in accordance with s 54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 2 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the parties involved were Bis Industries Pty Ltd, on one side, and the United Voice union, on the other. The dispute pertained to the application for approval of the Bis Whyalla Drivers and Operators Enterprise Agreement 2018. The Fair Work Commission, as the relevant authority, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues at hand revolved around the application's compliance with the relevant sections of the Act, particularly in relation to the agreement's fairness, simplicity, and accessibility. The Commission needed to ensure that the agreement was not only fair but also comprehensible and available to all employees, as mandated by the legislation.

The Commission carefully considered the submissions and evidence provided by both parties, examining the agreement's provisions and the processes involved in its negotiation. It was crucial for the Commission to assess whether the agreement had been negotiated in good faith and whether it contained appropriate mechanisms for resolving disputes. The Commission also evaluated the agreement's impact on employees' working conditions and its alignment with broader industrial relations principles. After thorough deliberation, the Commission concluded that the Bis Whyalla Drivers and Operators Enterprise Agreement 2018 met all the necessary criteria for approval. The agreement was deemed fair, simple, and accessible, and it included adequate provisions for dispute resolution.

The Fair Work Commission approved the Bis Whyalla Drivers and Operators Enterprise Agreement 2018, effective from the date of the decision. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement would govern their industrial relations for the specified period. The approval signified that the agreement was in line with the principles of the Fair Work Act 2009 and would operate effectively within the framework of Australian industrial relations law.

Bis Industries

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established