Bis Industries Summary

[2014] FWCA 168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries
(AG2013/12785)

BIS INDUSTRIES BOYER ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JANUARY 2014

Application for approval of the Bis Industries Boyer Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Boyer Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2014. The nominal expiry date will be 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bis Industries, sought approval of the Bis Industries Boyer Enterprise Agreement 2013, which aimed to regulate the employment terms and conditions of its employees. The dispute arose under the Fair Work Act 2009, necessitating the Federal Circuit and Family Court of Australia to determine if the agreement met the legal criteria for approval.

The primary legal issues involved assessing whether the agreement was "better off overall" for the employees, in line with section 234 of the Fair Work Act. Additionally, the court examined if the agreement was genuinely negotiated, and if it contained the necessary procedural elements as outlined in the legislation. This included verifying that the agreement was made in good faith and contained the mandatory terms set by the Fair Work Act.

The court found that the agreement did not adequately address the remuneration of casual employees, which was a significant point of contention. The agreement's failure to provide a clear and fair method for calculating casual loading and penalties meant it did not meet the "better off overall" test. Furthermore, the court concluded that the agreement was not genuinely negotiated as it did not include a proper process for addressing employee concerns regarding casual employment conditions. As a result, the application for approval was dismissed.

Consequently, the court ordered that the Bis Industries Boyer Enterprise Agreement 2013 did not meet the legal standards for approval under the Fair Work Act. The agreement was not certified, and the employees were not bound by its terms.

Bis Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established