DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries
(AG2019/563)

BIS EXPORT AND MIDDLEBACK RANGES ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2019

Application for approval of the Bis Export and Middleback Ranges Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bis Export and Middleback Ranges Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bis Industries. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 2 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bis Industries, sought approval of the Bis Export and Middleback Ranges Enterprise Agreement 2018. The dispute arose under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement was in the public interest and met the criteria set out in the Act. This involved assessing the agreement's compliance with the relevant statutory provisions, including its potential impact on employment conditions and its alignment with broader economic and social objectives.

The Commission examined the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and its overall fairness. It considered submissions from both parties, including evidence on the impact of the agreement on employee relations and the broader industry. The Commission also assessed whether the agreement promoted harmonious, productive, and cooperative workplace relations. In its reasoning, the Commission noted that the agreement contained provisions that were fair and reasonable, and it did not identify any significant adverse impacts on employment conditions or the broader economy.

After thorough consideration, the Commission concluded that the agreement was in the public interest and met the criteria for approval. The Commission found that the agreement was likely to promote harmonious, productive, and cooperative workplace relations, and it did not identify any significant adverse impacts on employment conditions. Accordingly, the Commission approved the agreement, and the applicant's application was successful. The final orders included the approval of the Bis Export and Middleback Ranges Enterprise Agreement 2018, subject to the terms and conditions outlined in the agreement.

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